Patna High CourtL.P.A/1938/2016disposed

Kaushal Kishore Verma v. The State Of Bihar And ORS

2017-06-29The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1938 of 2016 In Civil Writ Jurisdiction Case No. 13885 of 2016 ====================================================== Kaushal Kishore Verma, Son of Late Kameshwar Prasad Resident ofRajeev Nagar Road No. 8, P.S.- Rajeev Nagar, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.

2. The Principal Secretary, Road Construction Department Vishsewaraya Bhawan, Bailey Road, Patna

3. The Engineer in Chief Road Construction Department, Vishewsharaya Bhawan, Bailey Road, Patna

4. The Executive Engineer, Road Construction Department, Road Division No. 1 Gaya .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajiv Ranjan, Advocate For the State : Mr. Raj Ballabh Prasad Yadav- AAG11 Mr. A.K.Dubey, AC to AAG-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-06-2017 Considering the fact that the learned writ Court has denied salary to the petitioner for the period in question because the petitioner is alleged to have been unauthorisedly absent and for the said period a departmental proceeding was initiated against the petitioner, there is no error in the order passed by the writ Court warranting reconsideration.

We are informed that now during the pendency of this appeal the departmental proceeding commenced. That being

Patna High Court LPA No.1938 of 2016 (4) dt.29-06-2017 2/2 so, if the petitioner has any grievance with regard to the department proceedings, which is a fresh cause of action for which he may ventilate independently and in denying salary to the petitioner for the reasons contained in the order passed by the writ court, we see no error warranting reconsideration. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U