Patna High CourtMJC/542/2017disposed

Alok Prasad v. The State Of Bihar Through Sri Anjani Kumar Singh, The Chief Secretary, Government Of Bihar, Patna

2017-04-12Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.542 of 2017 In Civil Writ Jurisdiction Case No. 2945 of 2016 ====================================================== Alok Prasad, Son of Yadunandan Prasad, Resident of Village- Ahiwarpur, P.O.- Dalmiya Nagar, P.S.- Dehri -on- Sone, District- Rohtas at Sasaram, the Executive Engineer, Minor Water Resources Department, Government of Bihar, Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Sri Anjani Kumar Singh, the Chief Secretary, Government of Bihar, Patna.

2. Sri Sudhir Kumar, son of not known to the petitioner, presently posted as the Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Manglam, Adv. Ms. Anita Kumari, Adv.

For the Respondent/s : Mr. Durgesh Nandan, AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-04-2017 Learned counsel for the parties are present.

This application has been filed alleging noncompliance of the judgment and order of this Court passed in CWJC No.2945 of 2016, whereby the suspension order of the petitioner was quashed.

It is the submission of Mr. S.B.K. Manglam, learned counsel appearing for the petitioner that following the order of this Court the joining given by the petitioner before the Principal Secretary, Water Resources Department, Government of Bihar, Patna has not resulted in any posting order and hence this application.

Patna High Court MJC No.542 of 2017 (2) dt.12-04-2017 In my opinion, in the nature of the order passed on the writ petition no case for contempt against the Principal Secretary is made out. Nonetheless once the suspension order passed on 8.2.2014 has been quashed then the natural corollary would be that the petitioner needs to be posted and the Principal Secretary, Water Resources Department, Government of Bihar would be well advised to pass appropriate order in this regard within four weeks from the date of receipt/production of a copy of this order.

This contempt application is disposed of accordingly. (Jyoti Saran, J) SKPathak/- U