Kailash Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3004 of 2017 In Civil Writ Jurisdiction Case No.7474 of 2014 ====================================================== Kailash Prasad Singh Son of Late Surendra Prasad Singh Resident of Village Sanhauli, Police Station - Chitragupta Nagar, Post Office - Chitragupta Nagar, District - Khagaria, PIN - 851205.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Home Department, Government of Bihar, Old Secretariat, Patna.

3.

Deputy Secretary Special Home Department, Old Secretariat, Patna. 4.

The Inspector General Jail, Govt. of Bihar, Secretariat, Patna. 5.

The District Magistrate, Khagaria.

6.

Jail Superintendent, Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Basant Kumar Tripathy. Advocate For the Opposite Party/s :

Mr. Suman Kumar Jha, AC to AAG-3 Mr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2023 The petitioner has alleged disobedience of this Court's order dated 21.11.2016 passed in C.W.J.C. No. 7474 of 2014 whereby the Principal Secretary, Home Department, Government of Bihar (respondent No.2 in the writ proceeding) was directed to take a final decision with regards to the petitioner's claim for payment of pension under J. P. Senani Samman Penson.

From the submissions advanced on behalf of the parties it appears that an order has been passed by the Principal

Patna High Court MJC No.3004 of 2017(6) dt.11-01-2023 2/2 Secretary in the light of the aforesaid order of this Court order dated 21.11.2016 rejecting the petitioner's claim. Learned counsel for the petitioner has submitted that the petitioner's rejection of claim is not on valid grounds. In the Court's opinion, in a contempt proceeding this Court is not required to go into legality or, otherwise, of the decision taken by the Principal Secretary, in compliance of this Court's order. The petitioner shall be at liberty to question the correctness of the order of the Principal Secretary, Home Department, Government of Bihar, before appropriate forum in accordance with law.

This application stands disposed of, accordingly. (Chakradhari Sharan Singh, J) anand/- U