Patna High CourtMJC/381/2015disposed

Prabhat Kumar Sinha v. The State Of Bihar And ANR

2015-07-08Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.381 of 2015 In Civil Writ Jurisdiction Case No. 11886 of 2014 ====================================================== Prabhat Kumar Sinha son of Late Madan Mohan Prasad Sinha resident of Mohalla- Jhilganj, Peepalgali, Pahasi road, P.S.- Kotwali, Dist- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Pradeep Kumar, the Principal Secretary, Department of Panchayat Raj Bihar, Vikash Bhawan, New Secretariat, Patna- 1 .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek For the Opp. Party/s : Mr. Lalit Kishore, PAAG Mr. Gyan Prakash Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-07-2015 In compliance of the order dated 01.07.2015, a second supplementary show cause on behalf of the opposite party no.2 has been filed stating therein that in compliance of the orders/ directions issued by this Court a sum of Rs.5,72,098/- has been transferred in the account of the petitioner on 4.7.2015 towards arrears of salary after admissible deductions. Learned counsel appearing on behalf of the petitioner does not dispute the aforesaid statements made on behalf of the opposite party no.2, but contends that Rs. 32,000/- has unnecessarily been deducted towards income tax. If any extra amount has been deducted from the salary of the petitioner towards income tax dues, then the petitioner shall be entitled to claim refund of that extra amount from the Income Tax Department in accordance with law.

Since the order dated 22.10.2014 passed in C.W.J.C. No. 11886 of 2014 has now substantially been complied with by the opposite party no.2, therefore, the present matter has become

Patna High Court MJC No.381 of 2015 (5) dt.08-07-2015 2/2 infructuous. Accordingly, the present application stands disposed of as infructuous.

(Birendra Prasad Verma, J) BTiwary/- U