Patna High CourtCWJC/3409/2017disposed

Ashok Kumar Sinha v. The State Of Bihar And ORS

2018-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3409 of 2017 ====================================================== Ashok Kumar Sinha Son of Late Shyam Narain Lal Resident of Mohalla - Dhibrapar, Gayatri Nagar, P.S. + District - Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Secretary (Expenditure), Finance Department, Government of Bihar, Patna.

5. The Engineer-in-Chief-cum-Additional Secretary, Road Construction Department, Government of Bihar, Patna.

6. The Superintending Engineer, Road Construction Department, Magadh Road Circle, Gaya.

7. The Executive Engineer, Road Construction Department, Road Division No. 1, Jehanabad.

8. The Accountant General (A & D), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

Mr. Anil Kumar Singh,SC-21 For the A.G. Bihar : Mr. Satyendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2018 The learned counsel for the petitioner submits that the present case of the petitioner regarding grant of benefits of revised A.C.P. and revised M.A.C.P. is covered by a judgment of this Court passed in CWJC No. 18015 of 2011 dated 16.02.2012. It is further submitted that the Executive Engineer has already taken a decision in favour of the petitioner herein, however, subsequently he has stopped payment of the revised A.C.P. and revised M.A.C.P. on the pretext that he would be seeking guidelines from the Finance Department.

Patna High Court CWJC No.3409 of 2017(2) dt.19-02-2018 2/2 In view of the aforesaid facts and circumstances of the present case, I direct that the respondent no. 2 shall consider the aforesaid facts and pass a reasoned and speaking order regarding the claim of the petitioner herein within a period of six weeks from today and in case he finds that the revised A.C.P. and revised M.A.C.P. is payable to the petitioner, the same would be paid within a period of four weeks thereafter. The writ petition is disposed off on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U