Gyanendra Das And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.42 of 2015 In Civil Writ Jurisdiction Case No. 11167 of 2006 ======================================================

1. Gyanendra Das, son of Late Sakhichandra Das, resident of villageKoriyawan, Police station- Janipur, District- Patna.

2. Rameshwar, son of Late Nathuni Choudhary, resident of villageNaubatpur, police station- Naubatpur, District-Patna. .... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Patna. Mr. Anjani Kr. Singh.

2. The Commissioner cum Secretary Co-operative Department, Govt. of Bihar, Patna. Mr. Rajesh Gupta.

3. The Commissioner cum Secretary , Agriculture Department, Govt. of Bihar, Patna. Mr. Alok Kr. Sinha. null null

4. The Commissioner cum Secretary, Finance Department, Govt. of Bihar, Patna. Mr. Rameshwar Singh.

5. The Managing Director, BISCOMAUN, Patna. Mr. Shatrughan Kr. Choudhary.

6. The Finance Controller, BISCOMAUN, Patna. Mr. Shailendra Kr. Singh. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Ashfaque Ahmad For the Respondent No.5: Mr. Ishwari Singh For State : Mr. Anjani Kumar, AAG 6 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 14-01-2016 Pursuant to the directions given by the order, dated 07.01.2016, opposite party No.2, namely, Principal Secretary, Cooperative Department, Government of Bihar, and opposite party opposite party No.5, namely, Managing Director, Biscomaun,

Patna High Court MJC No.42 of 2015 (3) dt.14-01-2016 Patna, are personally present in Court along with all relevant records and filed their show causes.

Heard Mr. Syed Ashfaque Ahmad, learned counsel appearing for the petitioners, and Mr. Anjani Kumar, learned Additional Advocate General No. 6, appearing for the State. Heard also Mr. Ishwari Singh, learned counsel for the opposite party No.5, Biscomaun.

Perused the two show causes, filed by the Principal Secretary, Cooperative Department, Government of Bihar and Managing Director, Biscomaun, Patna, respectively. The respondents/opposite parties have submitted that they have complied with the directions give by the order, dated 08.09.2009, passed, in C.W.J.C.No. 11167 of 2006 and analogous cases by a Full Bench of this Court in respect of admissible salaries due from 1996.

Having perused the reply, which has been filed by the respondents, we are of the view that there is no deliberate and willful disobedience of the directions given by the order, dated 08.09.2009.

With the above observations and directions, these contempt proceedings are closed and shall accordingly dispose of. It shall remain open to the petitioners to take recourse to

Patna High Court MJC No.42 of 2015 (3) dt.14-01-2016 such provision of law as may be permissible if they still feel aggrieved by the exercise, which has been undertaken by the respondents/opposite parties.

Today a petition has been filed on behalf of Principal Secretary, Education Department, Government of Bihar, Patna, seeking his exemption from appearing, in person, in this Court, on 14.01.2016, pursuant to the directions, given by the order, dated 07.01.2016, as the instant case relates to Biscomaun under the Cooperative Department.

Considering the matter in its entirety and in the interest of justice, personal appearance of the Principal Secretary, Education Department of Health, Government of Bihar, in the instant case, is hereby dispensed with.

(I.A. Ansari, ACJ) (Navaniti Prasad Singh, J) (Chakradhari Sharan Singh, J) A.I./- U