Patna High CourtMJC/5794/2011disposed

Dr. Ram Bilas Thakur v. The State Of Bihar ORS

2016-09-28Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5794 of 2011 ====================================================== Dr. Ram Bilas Thakur, son of Late Tapasi Thakur, resident of MohallaRajopatti, Dumra Road, P.S.+ P.O. Sitamarhi, District- Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar through Shri Amarjeet Sinha, the Secretary, Health, New Secretariat, Patna-1.

2. Shri Arun Kumar Sinha, the Dy. Secretary-cum- Assistant Director, Provident Fund Directorate, Finance Department, Pant Bhawan, Patna

3. Shri Anupam Kumar, the District Magistrate, Sasaram, Rohtas

4. Shri Alok Kumar the District Provident Fund Officer, Sasaram, Rohtas

5. Shri Dr. RamBihari Singh, the Civil Surgeon, Bhabhua, Kaimur .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s : Mr. AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned AC to AAG-12.

The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on an allegation of wilful disobedience to an order dated 04.05.2011 passed in C.W.J.C.No.7997 of 2011. By the said order, the writ petition was disposed of granting liberty to the petitioner to approach the District Provident Fund Officer, Sasaram, Rohtas and file representation. Thereafter, the District Provident Fund Officer, Sasaram was directed to take all steps for payment of G.P.F. amount to the petitioner.

In this case, show cause and supplementary show

Patna High Court MJC No.5794 of 2011 (6) dt.28-09-2016 2/3 cause have been filed. In the supplementary show cause, Opp.Party no.4 has made specific statement that as per records available, entire payment has been made to the petitioner. For the period in between January, 1984 to July, 1986 since the petitioner at the relevant time was posted at Dhanbad (Jharkhand) and he was also Drawing and Disbursing Officer (D.D.O.), a request was made by Opp.Party no.4 to the District Provident Fund Officer, Dhanbad (Jharkhand) to provide all materials. Despite his best efforts and repeated reminders, he has not received appropriate response from the office of the Drawing and Disbursing Officer, Dhanbad (Jharkhand).

The writ petition was disposed of granting liberty to the petitioner to file representation before the District Provident Fund Officer, Sasaram and the District Provident Fund Officer has taken sincere efforts and entire payment has already been made save and except payment for the aforesaid period as the petitioner was posted at Dhanbad. The Court is of the opinion that no contempt is made against Opp.Parties as there was not direction to the District Provident Fund Officer, Dhanbad (Jharkhand). Accordingly, there is no need to keep the matter pending. The petition stands disposed of.

If so advised, the petitioner may avail appropriate

Patna High Court MJC No.5794 of 2011 (6) dt.28-09-2016 3/3 remedy.

(Rakesh Kumar, J) NKS/- U