Patna High CourtCWJC/10365/2016disposed

Anil Kumar v. The State Of Bihar And ORS

2016-12-14Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10365 of 2016 ===========================================================

1. Anil Kumar, S/o- Shree Ram Ratan Pd. Singh, Resident of Village- Makanpur, P.S. -Warisaliganj, District- Nawada, Presently posted as Lower Division Clerk, District Transport Office, Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Transport Department, Bihar, Patna.

2. The Principal Secretary-cum-State Transport Commissioner, Transport Department, Govt. of Bihar, Patna.

3. The Additional Secretary, Transport Department, Government of Bihar, Patna.

4. The District Transport Officer, Khagaria.

5. Md. Abdul Rajjak, s/o not known, Resident of Village & P.S.- Not Known, District- Godda, State-Jharkhand, Presently posted as District Transport Officer, Khagaria.

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Respondent/s : Mr. Sarvesh Kumar, GP 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 14-12-2016 In the controversial circumstances this Court cannot give any direction in favour of the petitioner for payment of any salary or his entitlement at this juncture. However, the D.T.O. concerned is directed to verify the service record of the petitioner along with his attendance register etc. and then take appropriate steps, if the petitioner's entitlement is made out or else he will be told in uncertain terms as to why salary cannot be paid for the period and the reason thereof. All this must be done within a period of three months from the date of production of a copy of this order.

Patna High Court CWJC No.10365 of 2016 dt.14-12-2016 2/2 If the petitioner is of the category and character, which has been indicated in the counter affidavit then there are enough rules and law in place to deal with such kind of government servant. If a departmental proceeding is required to be initiated, let it be done. Writ is disposed of with the above observation and direction.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 14.12.2016 Transmission Date NA