Sunil Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11942 of 2024 ====================================================== Sunil Kumar Sinha son of Chandeshwar Prasad Sinha, resident of Colony No. 1, Chand Devi Niwas, DurgaSthan, P.S.-Katihar Town, District-Katihar854105. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Public Health and Engineering Department (PHED), Government of Bihar, Patna.

4.

The Deputy Secretary, Public Health and Engineering Department (PHED), Government of Bihar, Patna.

5.

The Chief Engineer, Public Health and Engineering Department (PHED), Bihar, Patna.

6.

The Executive Engineer, Public Health and Engineering Division (PHED), Katihar.

7.

The Accountant General (A and E) Bihar, Mahalekhakar Bhawan, Birchand Patel Path, Patna-800001.

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

For the Petitioner/s :

Mr.Kumar Amit, Advocate For the Respondent/s :

Mr.Sarvesh Kr. Singh, AAG 13 Mr.Arya Achint, AC to AAG 13 For the AG (Bihar) :

Mr.Vivekanand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2024 Heard Mr. Kumar Amit, learned counsel appearing on behalf of the petitioner; Mr. Sarvesh Kumar Singh, learned AAG 13 along with Mr. Arya Achint, learned AC to AAG 13 on behalf of the State and Mr. Vivekanand Kumar, learned counsel for the Accountant General (Bihar).

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has already filed a detail

Patna High Court CWJC No.11942 of 2024(2) dt.12-08-2024 2/2 representation before the Additional Chief Secretary, Public Health and Engineering Department (PHED), Government of Bihar, Patna (respondent no.3), however, he has not taken any action on the said representation.

3. Considering the aforesaid submissions and the law laid down by the Apex Court in the case of Amresh Kumar Sinha & Ors. v. The State of Bihar & Ors. reported in 2023 SCC Online SC 496 and the recent judgment of the Hon'ble Full Bench of this Court passed in the case of Kamlanand Thakur Vs. State of Bihar & Ors. (C.W.J.C. No.18727 of 2017), clarifying the entitlement of the financial progression by way of scheme of ACP and the MACP, the respondent no.3 must ensure to dispose of the representation of the petitioner expeditiously, in the light of the law laid down by the Apex Court.

4. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/- U