Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3062 of 2014 In Civil Writ Jurisdiction Case No. 792 of 2014 ======================================================

1. Sanjay Kumar S/o Late Ram Chandra Prasad Resident of Mohalla Bari Bag, Taj Colony, P.S. Kotwali, District Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through Anjani Kr, Singh the Chief Secretary, Government of Bihar, Old Secretariat, Bihar, Patna.

2. Rameshwar Singh, the Secretary-cum-Commissioner, Department of Finance, Old Secretariat, Bihar, Patna.

3. G.S. Gangwar, the Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna, now known as Department of General Administration, Govt. of Bihar, Patna.

4. Arun Kumar Sinha, the Special Secretary, Department of Finance, Old Secretariat, Bihar, Patna.

5. Mahesh Prasad Singh, the Deputy Secretary, Department of Finance, Old Secretariat, Bihar, Patna.

6. Mahesh Prasad Singh, the Under Secretary Department of Finance, Old Secretariat, Bihar, Patna.

7. Arun Kumar Sinha, the Under Secretary-cum-Director (Press), Government of Bihar, Patna.

8. Arun Kumar Singh (Incharge) the Superintendent, Press and Forms, Gaya Jail Press, Gaya.

9. Arun Kumar Singh, the Deputy, Superintendent, Press and Forms, Gaya Jail Press, Gaya.

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

For the Petitioner/s : Mr. Ajey Kumar For the State : Mr. Ranjan Kumar Singh AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that order dated 23.1.2014 passed in C.W.J.C. No.792 of 2014 has not been complied with. Operative portion of the order is as

Patna High Court MJC No.3062 of 2014 (3) dt.22-05-2017 follows:

"This writ application is accordingly disposed of with a direction to the petitioner to submit a representation before the Principal Secretary of the Department of Finance who shall examine the matter in the light of the documents relied upon by the petitioner, as noticed above, as well as in the light of the resolution of Finance Department noticed by the 2nd DPC in its resolution and shall come to a definite conclusion with regard to existence of the post in the Press or not. If necessary, he shall be at liberty to take opinion of the respondent no.3, also in the matter before coming to a final decision. Obviously the follow-up action, pursuant to the final decision of the Principal Secretary of the Finance Department, shall be taken by the respondents. It is expected that the decision shall be taken in this regard on the representation of the petitioner as expeditiously as possible".

It appears that in pursuance of the order of this Court the Special Executive Officer vide order dated 27.10.2014 has disposed of the representation of the petitioner and thereafter another letter dated 18.11.2014 has been issued. It appears that no case of contempt is made out against the contemnors. Accordingly this application is consigned. If the

Patna High Court MJC No.3062 of 2014 (3) dt.22-05-2017 petitioner feels aggrieved, he will be at liberty to take legal course in accordance with law.

(Shivaji Pandey, J) Vinay/- U