The State Of Bihar And ORS v. Chandeshwar Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.483 of 2017 In Letters Patent Appeal No.643 of 2015 ====================================================== 1.

The State Of Bihar 2.

The Secretary, Personnel and Administrative Reforms Department, Bihar, Patna.

3.

The Deputy Secretary, Personnel and Administrative Reforms Department. Bihar, Patna.

4.

The Commissioner-cum-Secretary, Finance Commercial Taxes Department, Bihar, Patna.

... ... Petitioner/s

Versus

Chandeshwar Prasad, Son of Sri Hirday Prasad, Resident of Village-Khrka Telwa, P.O.-Nauhatta, P.S.-Nauhatta, District -Saharsa, at Present resident of Gazetted Flat No. 12/12, Lal Bahadur Shastri Nagar, P.O. & P.S.- Shastrinagar, District-Patna at Present Working on the Post of Under Secretary, in the Building Construction Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Mandal, SC -3 Mrs. Neelam Kumari, AC to SC -3 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-09-2017 Taking note of the facts and circumstances of the case and the manner in which a decision was taken by the officer concerned to file Letters Patent Appeal, we direct that cost deposited by the State Government as directed in the order passed on 15.07.2016 in Letters Patent Appeal No.643 of 2015 shall not be recovered from the officer concerned as the officer concerned had taken a decision to file Letters Patent Appeal

Patna High Court MJC No.483 of 2017(2) dt.04-09-2017 2/2 after taking approval of the office of the Advocate General and following various administrative process recognized in the matter.

With the aforesaid clarification and modification in the order dated 15.07.2016 passed in Letters Patent Appeal No.643 of 2015, the application stands disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U