Braj Bhushan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3534 of 2011 =========================================================== Braj Bhushan Mishra, S/O Sri Rameshwar Nath Mishra, Resident of VillageMohammadpur, P.O Saraiya Foctory, P.S- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Health Department Government of Bihar, Patna.

3. The Director-In-Chief, Health Services, Bihar, Patna.

4. The Director, Indigenous Medicine, Bihar, Patna.

5. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through the Vice Chancellor

6. The Vice Chancellor, the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhagna.

7. The Registrar, the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

8. The Principal, Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanur, Darbhanga.

9. The Treasury Officer, Muzaffarpur, District- Muzaffarpur.

10. The Accountant General, Bihar, Patna.

11. The Assistant Accounts Officer/ Section Officer, Office of the Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the State : Mr. Kundan Bahadur Singh, SC-22 For Accountant General : Mrs. Nivedita Nirvikar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 27-03-2015 Heard learned counsel for the petitioner and the State.

2. Petitioner, who served as Assistant in Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan, Mohanpur, Darbhanga, has filed this writ petition assailing the instruction of the Accountant General, Bihar, Patna dated 08.10.2010, Annexure-4 whereunder Accountant General has directed the Treasury Officer, Muzaffarpur to

Patna High Court CWJC No.3534 of 2011 dt.27-03-2015 2/2 reduce the pension of the petitioner as his salary was erroneously fixed earlier. In this connection, petitioner has not even placed on record the Government instruction on the basis of which Accountant General has issued the impugned instruction to the Treasury Officer.

3. In the circumstances, I am not in a position to adjudicate the prayer made in the writ petition, which is dismissed with cost of Rs. 10,000/- to be deposited by the petitioner with Patna High Court Legal Services Committee within one month from today. In the event, cost is not deposited within the time aforesaid, the same be recovered by the Registrar General initiating a proceeding against him in accordance with law.

(V.N. Sinha, J.) Rajesh/- U