Akhilesh Kumar Singh v. The State Of Bihar Through Principal Secretary, Department Of Urban Development, Govt. Of Bihar, Pa

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3414 of 2017 In Civil Writ Jurisdiction Case No.8526 of 2014 ====================================================== Akhilesh Kumar Singh, son of late Jagnarayan Singh, resident of village Sonepukra Bhojpur, P.S. Masaurhi, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Urban Development, Govt. of Bihar, Patna.

2.

Anil Kumar, posted as Chief Executive Officer, Nagar Parishad , Masaurhi, District Patna.

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

For the Petitioner :

Mr. Banwari Sharma, Advocate Mr. Shiv Kumar, Advocate Mr. Sahjanand Sharma, Advocate For the State :

Mr. Yogendra Prasad Sinha, A.A.G.7 For Nagar Parishad :

Mr. Nagendra Kumar Singh, Advocate Mr. Bijay Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2020 Heard Mr. Banwari Sharma, the learned counsel appearing on behalf of the petitioner and Mr. Nagendra Kumar Singh, appearing on behalf of Nagar Parishad, Masaurhi. The petitioner filed this petition for initiation of a contempt proceeding for disobeying and disregarding the order dated 17.08.2017, passed in CWJC No.8526 of 2014 by which the order of termination of the petitioner has been set aside. The petitioner has already been reinstated.

Learned counsel for the petitioner submits that the petitioner has already retired from his service. Even for the

Patna High Court MJC No.3414 of 2017(8) dt.19-02-2020 2/2 period of his termination, which has already been set aside, the salary and other emoluments have not been paid to the petitioner.

Learned counsel appearing on behalf of the Nagar Parishad, Masaurhi submits that the Nagar Parishad, Masaurhi has already written a letter to the Government of Bihar to release the fund. The moment the fund is received, the Nagar Parishad shall pay the retiral dues of the petitioner. Having considered the submissions of both the sides, since the petitioner has already been reinstated in service in pursuance of the order dated 17.08.2017, passed in CWJC No.8526 of 2014, no further action is required to be taken. The contempt petition is dismissed as the order dated 17.08.2017, passed in CWJC No.8526 of 2014 has already been complied with.

If the payment of salary and other emoluments including the retiral benefits is not paid to the petitioner, the petitioner may file fresh writ petition.

(Prabhat Kumar Jha, J) S.KUMAR/- U