Balram Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1412 of 2013 In Civil Writ Jurisdiction Case No. 506 of 2008 ====================================================== Balram Das S/O Shambhu Nath Das R/O Village - Lohari, P.S. Tamar, District - Ranchi At Present Marketing Officer, District - Supply Office, Nawada, P.S. And District - Nawada .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Mr. Shishir Sinha, Commissioner And Secretary, Food, Supply And Commerce Department, Government Of Bihar, Patna

3. M.N. Singh, District Officer, Nawada

4. M.N. Singh, District Supply Officer, Nawada .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratik Kumar Sinha, Adv. For the Respondent/s : Mr. Mrigendra Kumar, AC to GA - 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The order which is sought to be complied with has now been addressed by the concerned opposite parties. This Court after perusing the several show causes filed by the State of Bihar finds that there has been substantial

compliance of the order passed by this Court inasmuch as pursuant to the decision of the LPA Court, the petitioner was also reinstated in service and substantial payments have been made in his favour. However, the same is resisted by the learned counsel for the petitioner as he contends that only part payments have been released subsequent to his reinstatement. He further submits that the directions of the LPA Court have also not been followed in letter and spirit inasmuch as the matter was never placed before the Scrutiny Committee in the State of Bihar rather it was forwarded for enquiry to the State of Jharkhand and thereafter, they are seeking to make recovery which is not permissible in terms of the order passed by this Court.

Having considered the submission of the parties, it appears that the State of Bihar has taken adequate steps towards compliance of the order and now whatever payments have not been paid to the petitioner are a subject matter of contest as is being submitted by the learned counsel for the State.

In view of the fact that the dues do not stand admitted as on date, it shall be open to the petitioner to seek appropriate recourse in accordance with law. The contempt

application, thus, stands disposed of.

(Anjana Mishra, J) Jagdish/- U