Nawal Kishore Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.272 of 2015 IN Civil Writ Jurisdiction Case No. 11298 of 2011 =========================================================== Nawal Kishore Prasad Son of Late Raghu Mahto Resident of Mohalla Qr. No. 18 Street 8 Housing Board Colony, P.S. - Barari, District - Bhagalpur. .... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary Science and Technology, Bihar, Patna.
2. The Principal Secretary Science and Technology Bihar, Patna
3. The Director, Science and Technology Bihar, Patna.
4. The Principal, Govt. Polytechnic College Bhagalpur. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s :
Mr. Siya Ram Shahi, Advocate Mr. Rabindra Prasad Singh Advocate For the Respondent/s :
Mr. Kameshwar Kumar G.P.-17 Mr. Arbind Kumar AC to GP-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 28-06-2017 Heard learned counsels for the parties.
Now a new grievance is being raised by learned counsel for the appellant that recovery has been made from his gratuity etc. after his retirement. These issues were not the issues before the Learned Single Judge. In fact, it seems that because of the payments already made, the counsel chose not to appear as such in the writ application and assist.
Patna High Court LPA No.272 of 2015 dt.28-06-2017 2/2 Since the Learned Single Judge went by the stand taken in the counter affidavit about the settlement of the post-retiral dues of the appellant and disposed off the writ application, the recovery aspect is not the issue, which can be gone into in this appeal. Petitioner has remedy within law. He may explore the same.
Appeal is otherwise dismissed, being devoid of merit. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) SKM/- AFR/NAFR N.A.F.R.
CAV DATE Uploading Date 29.06.2017 Transmission Date