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Patna High CourtMJC/3167/2013disposed

Shri Kishun Prasad v. Union Of India Through The Director General Of Police, Central Reserve Police Force, And ORS.

2019-10-17Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3167 of 2013 Arising out of Civil Writ Jurisdiction Case No.18630 of 2011 ====================================================== Shri Kishun Prasad, S/O Sh. Deo Nandan Prasad, R/o Village- Kharjama, P.SMasaurhi, District- Patna. ... ... Petitioner/s

Versus

1.

Union of India through the Director General of Police, Central Reserve Police Force, New Delhi, namely Sh. Pranay Sahay, son of name not known to the petitioner.

2.

Director General of Police, Central Reserve Police Force, New Delhi, namely Sh. Pranay Sahay, son of not known to the petitioner. 3.

Inspector General of Police, Central Reserve Police Force, Bihar Sector, Patna, namely, Sh. Vivek Sahay, son of not known to the petitioner. 4.

Deputy Inspector General of Police, Group Centre, Muzaffarpur, namely, Sh. Niraj Sahay, son of name not known to the petitioner. 5.

Commandant, Office of the Deputy Inspector General of Police, Group Centre, Muzaffarpur, namely Sh. Satish Kumar Dubey, son of name not known to the petitioner.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Advocate Mr. S. K. Choudhary, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar Verma, ASG Mr. Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-10-2019 Heard learned counsel for the petitioner and Mr. Rajesh Kumar Verma, learned Additional Solicitor General, along with Mr. Anshuman Singh, learned CGC, for the Union of India. 2.

The matter has been listed on Motion Slip filed by the learned Additional Solicitor General informing the Court that the matter has become infructuous.

3.

Today, it has been submitted by the learned Additional Solicitor General that order of the writ Court was to reinstate the petitioner in service with all benefits of service, both

Patna High Court MJC No.3167 of 2013 dt.17-10-2019 2/2 financial and promotional/incremental etc. Thereafter, the Union of India filed LPA No.797 of 2014 which was also dismissed on 22.01.2016. After that, the Union of India approached the Hon'ble Supreme Court and in Civil Appeal No.6219 of 2016 along with its analogous cases and the Hon'ble Supreme Court by order dated 31.01.2018, dismissed the appeal, but with slight modification to the extent that it was directed that the Division Bench order of this Court be implemented without payment of back-wages on or before 01.03.2018.

4.

Learned counsel for the Union of India submitted that they have implemented the writ Court order in terms of the modification made by the Hon'ble Supreme Court. 5.

In view thereof, nothing remains in the application. Accordingly, the same stands disposed off.

6.

However, it shall always be open to the petitioner to move before the competent authority with regard to any issue connected with order dated 06.12.2012 passed in CWJC No.18630 of 2011 read with order of the Hon'ble Supreme Court dated 31.01.2018.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U