Bal Krishna Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3031 of 2011 ====================================================== Bal Krishna Das Son Of Late Raj Ballabh Das Resident Of Village Pokhar Bhinda, P.S. Saket Raipur, District- Darbhanga. At Present Residing At Chitragupta, Ward No. 20, P.O. + P.S. + Dist.- Madhubani .... .... Petitioner

Versus

1. The State Of Bihar

2. Sri Anjani Kr. Singh The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, Patna

3. Sri Rameshwar Singh, The Principal Secretary, Department Of Finance, Government Of Bihar, Patna

4. Sri Mishwah Bari The Director, Administration-Cum-Joint Secretary, Department Of Human Resources Development, Government Of Bihar, Patna

5. Sri Dhirendra Kumar The District Provident Find Officer, Saharsa, District- Saharsa

6. Sri Ram Nand Pd. The District Education Officer, Supaul, (No More Post Of District Superintendent Of Education, Supaul, District- Supaul

7. Sri I.D.S. Dhariwal, The Accountant General, Government Of Bihar, Patna

8. Sri C.K. Pandey, Treasury Officer Madhubani, Dist.- Madhubani .... .... opposite parties ====================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra For the opposite parties : AC to AAG No. 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner, learned AC to AAG No. 11 as well as learned counsel for the Accountant General.

The present petition has been filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an interim order passed by this court in C.W.J.C. No. 6560 of 2011. By the said order while

Patna High Court MJC No.3031 of 2011 (6) dt.08-07-2015 2/2 granting time for filing counter affidavit, this court had directed the respondents to take steps for clearing all the admitted dues. In this case earlier I had summoned the record of the writ petition, which is on record. On perusal of the record of the writ petition it is evident that the respondent no. 7 has filed counter affidavit wherein details have been given regarding clearance of the retiral dues. Moreover, the main writ petition is still pending.

In view of the fact that the main writ petition is still pending and counter affidavit in compliance with the earlier order has been filed, the court is of the opinion that no positive order can be passed in the present proceeding.

The present petition stands disposed of.

If so advised, petitioner may file appropriate petition in the main writ petition.

(Rakesh Kumar, J) Praful/- U