Kaushal Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1720 of 2023 In Civil Writ Jurisdiction Case No.1069 of 2023 ====================================================== Kaushal Kishore Thakur S/o Dhrub Nrayan Thakur, Resident of Near Bus Stand, Kadhirabad Neem Pokhar, P.S.- Darbhanga, District- Darbhanga, retired as Redesignated as Demonstrator in C.M. Science College, Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

Sri K.K. Pathak, Presently posted as Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

Prof.(Dr.) Surendra Pratap Singh, presently Posted as Vice Chancellor, L.N.Mithila University, Darbhanga.

4.

Dr. Ajay Kumar Pandit, presently Posted as Registrar, L.N.Mithila University, Darbhanga.

5.

Sri Rajan Kumar Sinha, presently Posted as Finance Officer, L.N.Mithila University, Darbhanga.

6.

Dr. Dilip Kumar Chaudhary, presently Posted as C.M. Science College, Darbhanga, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Roy No. I(SC13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-10-2023 Heard Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Roy No.I, learned SC 13 for the State.

2. Learned counsel appearing on behalf of O.P.Nos.3 to 5 informs this Court that order dated 03.05.2023 passed in CWJC No.1069 of 2023 has been complied with.

3. Learned counsel appearing on behalf of the

Patna High Court MJC No.1720 of 2023(5) dt.06-10-2023 2/3 petitioner submits that the entire payment has not been made till date as Rs.1,24,300/-, which was earlier given as advance to the petitioner, has not been paid, whereas the bills in this regard have already been deposited. He further submits that the entire amount of GIS and the interest, on account of delay in making payment, has also not been paid to the petitioner.

4. Learned counsel further submits that the Opposite Parties have filed their show case, giving specific statement in paragraph nos. 4 and 5 that they have complied with the order and payments have been made to the petitioner, in terms of the order.

5. Considering the aforesaid submissions made on behalf of the rival parties, it appears that order dated 03.05.2023 passed in CWJC No.1069 of 2023 has been complied with only in part and the petitioner has questioned the compliance of said order in totality on account of the facts as recorded in the above paragraphs of this order.

6. This Court finds that payment of substantial amount has already been made to the petitioner under different heads, as such, it would not be proper to proceed with the contempt proceeding against the Opposite Parties, however, the petitioner, if so advised, may file a detail representation before

Patna High Court MJC No.1720 of 2023(5) dt.06-10-2023 3/3 the concerned authority for redressal of his claim with regard to adjustment of the bill and payment of GIS and interest on account of delay in payment.

7. The contempt petition is accordingly disposed of. (Purnendu Singh, J) chn/- U