Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1905 of 2019 In Civil Writ Jurisdiction Case No.19457 of 2015 ====================================================== Shailendra Kumar S/o Rjendra Prasad Resident of Village- Arwal Sipah,P.s - Arwal, District Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna, namely Sunil Kumar 2.

The Secretary Agriculture Department, Govt. of Bihar, Patna, namely Sudhir Kumar 3.

The Director Agriculture Department, Govt. of Bihar, Patna, namely Adesh Titirmara 4.

The Collector Distt.- Arwal, namely Ravi Shankar Choudhary 5.

The Deputy Development Commissioner (D.D.C.) Distt.- Arwal, namely Rajesh Kumar 6.

The Block Development Officer Block- Kurtha, Distt.- Arwal, namely Rajesh Kumar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Sharma For the Opposite Party/s :

Mr. Sarvesh Kumar Singh (AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 24-04-2025 This contempt petition has been filed alleging violation of order dated 22.01.2019, passed in C.W.J.C. No. 19457 of 2015, wherein this Court had passed the following order:- "In view of the aforesaid facts, if no final decision has been taken till date by the District Magistrate, Arwal as is submitted by learned counsel for the petitioner, this Court would direct that the claim be considered and disposed of by the District Magistrate, Arwal and admissible

Patna High Court MJC No.1905 of 2019(3) dt.24-04-2025 2/3 dues to be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order."

2. Opposite party nos. 4 to 6 have filed a show cause, wherein, in paragraph nos. 5 to 7, it has been stated as under:- "5. That it is respectfully stated by the answering opposite parties that the petitioner has got his salary from the period April, 2015 to 29.10.2016 and thereafter from March, 2018 to May, 2019, it is evident from the acquittance roll. There is no doubt that the payment of the petitioner for the period 30.10.2016 to 28.02.2018 is due because at that relevant time the petitioner submitted his joining application. From perusal of joining application of the petitioner, it transpired that the petitioner was in judicial custody in connection with Kurtha P.S. Case No.203 / 2016 and 204 / 2016 as well as Kurtha P.S. Case No. 59 / 2018 and granted bail by the Hon'ble court.

But after granting bail, the petitioner came on duty but he did not supply regarding the details of his attendance and due to this, the payment of the petitioner was not given for the period 30.10.2016 to 28.02.2018. It is respectfully stated that after supply of the details of his attendance by the petitioner, the payment of the petitioner for the aforesaid period will be done.

6. That it is respectfully stated that now the petitioner has been transferred from Kurtha

Patna High Court MJC No.1905 of 2019(3) dt.24-04-2025 3/3 Block to Arwal Block on 28.06.2019 vide letter bearing Memo No. 247 / Est. dated 28.06.2019. After transfer, the petitioner was directed to get their payment from Arwal Block since July, 2019 and last payment slip (LPC) has already been issued by the BDO, Kurtha to BDO, Arwal on 17.08.2019.

7. That it is respectfully stated that the due payment of the petitioner for the period 30.10.2016 to 28.02.2018 will be paid to the petitioner after production of details of attendance of the petitioner and after getting allotment of fund by the government."

3. On perusal of paragraph nos. 5 to 7 of the show cause filed by opposite party nos. 4 to 6, I find that there is no willful violation of the order dated 22.01.2019, passed in C.W.J.C. No. 19457 of 2015 by the opposite parties.

4. As such, this contempt petition stands closed and disposed off.

(Nani Tagia, J) Amrendra/- U