Prahlad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2901 of 2014 In Civil Writ Jurisdiction Case No. 10470 of 2000 ====================================================== Prahlad Singh Son of Shaligram Singh Resident of Village-Banhara, ViaHaveli Kharagpur, P.S.-Gagata (Kharagpur), District-Munger. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Water Resources Department, Govt. of Bihar, Patna.

2. The Chief Engineer, Water Resources Department, Bhagalpur.

3. The Executive Engineer, Irrigation Sub-Division No.2, Jamunia, District-Jamui.

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

For the Petitioner/s : Mr. Raj Kumar Singh For the Respondent/s : Mr. Jawahar Pd. Karn ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-07-2018 The learned counsel for the petitioner has submitted that the order of this Court has been substantially complied with inasmuch as the petitioner has been paid the arrears as well as the amount equivalent to withholding of five increments, as such the resultant effect of the quashing of the punishment order has been given effect to by the opposite parties.

However, the learned counsel for the petitioner submits that the petitioner has not been paid the balance amount of salary for the suspension period apart from the subsistence allowance which he had already been paid. I find that the order of this Court dated 21.08.2008 passed in CWJC No. 10470 of 2000 has fully

Patna High Court MJC No.2901 of 2014 (13) dt.17-07-2018 2/2 been complied with, however, the issue pertaining to outstanding amount of salary for the suspension period is not a matter to be adjudged in the present proceeding, hence the petitioner, if so advised, may take steps as may be deemed fit and proper for claiming the said amount.

At this juncture, the learned counsel for the petitioner submits that he would be filing a representation before the opposite party no. 3 for payment of the outstanding amount of salary for the subsistence allowance which should be directed to be disposed of by the opposite party no. 3 within a specified time frame. The petitioner, if so advised, may file a representation within three weeks and the opposite party no. 3 shall consider the representation and dispose of the same within a period of eight weeks thereafter.

The contempt petition is disposed of.

(Mohit Kumar Shah, J) S.Sb/- U