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Patna High CourtMJC/2292/2018dismissed

Ramesh Pathak v. The State Of Bihar Through Its Principal Secretary,

2019-02-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2292 of 2018 In Civil Writ Jurisdiction Case No.10233 of 2017 ====================================================== Ramesh Pathak S/o Late Sita Ram Pathak permanent resident of Village Akauna, P.S. Barhara, District Bhojpur, at present residing at Patel Nagar, Gokul Path, P.O. Shashtri Nagar, P.S. Shashtri Nagar, Patna, presently voluntarily retired as Enforcement- Sub Inspector, Dept. of Transport, Govt. of Bihar, Patna.

... ... Petitioner/s

Versus

1. The State Of Bihar Through Its Principal Secretary, Sri Sanjay Agrawal, Department Of Transport, Govt. Of Bihar, Patna

2. Sri Adesh Titermare, The State Transport Commissioner, Bihar, Patna.

3. Sri Sanjay Agarwal, The Secretary, Department of Transport, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajneesh For the Opposite Party/s :

Mr.Ajay Kumar Rastogi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2019 Despite the order dated 31.10.2018 passed by this Court in the present case as also the order dated 02.01.2019, no show cause was filed by the opposite No. 2 showing compliance of the order of this Court dated 16.04.2018 passed in C.W.J.C. No. 10233 of 2017. However, a show cause has been filed yesterday showing compliance of the said order of this Court dated 16.04.2018, wherein it has been stated that the case of the petitioner has been considered by the State Transport Commissioner, Bihar, Patna and an order dated 20.02.2019 has been passed whereby and whereunder the petitioner has been directed to be granted the benefits of 1st , 2nd and 3rd A.C.P. /

Patna High Court MJC No.2292 of 2018(5) dt.22-02-2019 2/3 M.A.C.P.

Today, another supplementary show cause has been filed wherein it has been stated that since the State Transport Commissioner was not knowing about the order of this Court, inasmuch as the same was not brought to her notice by her office, appropriate action has been taken and one of the assistant has been suspended whereas a show cause notice has also been issued to the Section Officer for initiation of proper departmental proceeding for his slackness in ensuring timely and prompt compliance of the orders of this Court. This Court is satisfied that appropriate action has been taken by the opposite parties and the orders of this Court has been complied with, nonetheless, the authorities are warned to be cautious in future in ensuring prompt compliance of the orders of the High Court, which are sacrosanct, and are required to be obeyed without any laches or slackness on the part of the authorities.

The show cause submitted by the State Transport Commissioner today in the Court is taken on record and is accepted, with appreciation for the promptness shown by her in ensuring compliance of the orders of this Court. The personal appearance of the State Transport Commissioner, Bihar, Patna is

Patna High Court MJC No.2292 of 2018(5) dt.22-02-2019 3/3 dispensed with.

The contempt petition stands dismissed on account of compliance of the order of this Court dated 16.04.2018. (Mohit Kumar Shah, J) ajay gupta/- U