Rup Narayan Das v. The Bihar State Food And Civil Supplies Corporation Sone Bhawan And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3595 of 2013 IN Civil Writ Jurisdiction Case No. 6503 of 2009 =========================================================== Rup Narayan Das Son of Late Ram Lakhan Das, resident of village + P.O. - Karnreiji, P.S. - Belsar Patedhi, District- Vaishali at present retired Deputy Manager, State Food & Civil Supplies Corporation, Patna. .... .... Petitioner/s

Versus

1. The Bihar State Food and Civil Supplies Corporation, Sone Bhawan Veer Chand Patel Path, Patna through its Managing Director, namely, Shri Deepak Kumar

2. The Managing Director, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna , namely, Shri Deepak Kumar

3. The Chief of Administration, Bihar State Food And Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna , namely, Sita Choudhary

4. The Desk Officer, Head Quarter Bihar State Food And Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna , namely, Shri Arun Kumar

5. The District Manager, Siwan, State Food Corporation, namely, Shri Sumeshwar Pandey

6. The District Manager, Darbhanga, State Food Corporation, namely, Mrs. Ranjana Kumari

7. Shri Bachcha Lal Ojha, Assistant Working in the Head Quarter, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna

8. Shri Jwala Sharma, Assistant Working in the Headquarter, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna

9. Shri Ashok Kumar, Assistant Working in Legal Section in the Headquarter, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Path, Patna.

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

For the Petitioner/s : Mr. Bishnu Kant Dubey Mr. Ranjit Kuamr Mr. Sanjeev Kumar For the Respondent/s : Mr. Shailendra Kr. Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 08-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court MJC No.3595 of 2013 dt.08-05-2015 2/3 This Court, vide order dated 22nd May 2009, issued the notice, at the same time, stayed the operation of notice dated 21.04.2009.

The counsel for the petitioner submits that even thereafter, respondents have proceeded with the matter and have finally taken the disciplinary action against the present petitioner which shows the manner they have flouted the order of this Court but later on, interim order merged with final order of this Court dated 11th July 2014, thereby the case was disposed of with the certain direction. This Court criticizes the action of the respondents, they should have waited for the final outcome of the writ petition only thereafter they should have proceeded in the matter. In future, if the same is repeated, the Court may take a very stern action against the opposite party, the manner they have behaved, deliberately flouted the order of this Court.

After disposal of the case, the respondent authority, vide order dated 3.1.2015, directed for payment of Rs. 7,23,857.70 (Seven lakhs twenty three thousand eight hundred fifty seven rupees and seventy paise) after deducting Rs. 2,25,662.10 (two lacks twenty five thousand six hundred sixty two and ten paise). The counsel for the petitioner submits that the petitioner is entitled to more amount which has been mentioned in Annexure-11

Patna High Court MJC No.3595 of 2013 dt.08-05-2015 3/3 to the supplementary affidavit.

This Court directs that the competent authority will examine Annexure-11 i.e. the representation of the petitioner dated 6th February 2015 and take a final decision within three months from the date of receipt/production of a copy of this order. In failure, the Court may think for revival of the contempt proceeding. Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U