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Patna High CourtMJC/2722/2017disposed

Nalin Vilochan v. The State Of Bihar Through Mr. Anjani Kumar Singh, The Chief Secretary, Govt. Of Bihar, Patna And O

2018-05-02Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2722 of 2017 In Civil Writ Jurisdiction Case No. 2564 of 2014 ====================================================== Nalin Vilochan, Son of Late Loger Hansda, resident of Village- Narhi, P.S.- Haveli Kharagpur, District- Munger.

.... .... Petitioner

Versus

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

2. Mr. Amrit Lal Mina, Secretary, Road Construction Department, Bihar, Patna.

3. Mr. Rajendra Prasad Gupta, Special Secretary, Road Construction Department, Bihar, Patna.

4. Mr. Rajendra Prasap Gupta, Additional Secretary, Road Construction Department, Bihar, Patna.

5. Mr. Gyan Chandra, Joint Secretary, Road Construction Department, Bihar, Patna.

6. Mr. Rajnish Kumar, Deputy Secretary (Vigilance), Road Construction Department, Bihar, Patna.

.... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Nath Pathak, Adv. For the Respondent/s : Mr. Raj Ballabh Prasad Yadav, AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-05-2018 A show cause is being filed on behalf of O.P.No.6 in which it is stated that the order is complied and the petitioner has been given the consequential benefits arising from the judgment and order of this Court passed in C.W.J.C.No. 2564/2014 from which the present contempt application arises. Mr. P.N.Pathak, learned counsel appearing for the petitioner, while admitting to the submission made by Mr. R.B.P.Yadav, learned AAG-11, submits that even though some of the consequential benefits have been received by the petitioner but

Patna High Court MJC No.2722 of 2017 (4) dt.02-05-2018 differential arrears during the period of suspension has not been paid. According to the learned counsel, once the punishment order has been quashed, the petitioner would become entitled to full salary for the suspension period which has not been given to him rather he remains on subsistence allowance.

In the nature of the order of this court passed on the writ petition, for the present I would give liberty to the petitioner to raise his grievance before the authority concerned and who shall consider and dispose of the same in accordance with law bearing in mind the effect of the judgment and order of this Court on the writ petition as well as to its implementation by the respondents themselves. An expeditious disposal within four weeks would serve the purpose.

This disposes of the contempt application.

(Jyoti Saran, J) Surendra/- U