Dr. Sudhir Kumar Thakur, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2305 of 2021 In Letters Patent Appeal No.532 of 2014 ====================================================== Dr. Sudhir Kumar Thakur, son of Late Vishwanath Thakur, resident of Village Singhwara, P.S. Singhwara, District Darbhanga, presently residing at flat No. 75, Regency Gardens, New Patliputra Colony, P.S. Patliputra Town and District Patna (Retired OSD cum and Ex Officio Under Secretary Civil Aviation Department Govt. of Bihar, Patna).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna presently Mr. Tripurari Sharan, I.A.S.

2.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna, presently Mr. S. Siddharth I.A.S. (Additional Chief Secretary). 3.

The Principal Secretary, Civil Aviation Department, Govt. of Bihar, Patna presently Mr. Sanjay Kumar I.A.S. (Additional Chief Secretary Cabinet Secretariat Department Govt. of Bihar).

4.

The Deputy Secretary, Finance Department, Govt. of Bihar, Patna Mr. Arun Kumar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Giridhar Gopal Tiwary For the Opposite Party/s :

Mr. Ajay Kumar Rastogi (Aag 10) For O.P. 3 :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Shokil Kr. Singh AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 10-07-2023 Pursuant to order dated 24.06.2023, Mr. Siddharth Subbiah, Additional Chief Secretary is present in the Court.

2. The Department has complied the orders of this Court dated 01.12.2020 passed in L.P.A. No. 532 of 2014 on 07.07.2023. There is an enormous delay of about two and half years in complying the orders of this Court.

Patna High Court MJC No.2305 of 2021(4) dt.10-07-2023 2/2

3. The reason assigned is that the Department intends to prefer an appeal against the order passed in L.P.A. No. 532 of 2014 dated 01.12.2020. However, Law Department is stated to have expressed that it is not a case for preferring an appeal and to comply the order of this Court. Taking note of opinion of the Law Department, the Department has proceeded to comply the order on 07.07.2023.

4. Accordingly, the present M.J.C.-contempt proceeding stands dropped while imposing cost of Rs. 50,000/-, out of which, Rs. 25,000/- shall be remitted in the High Court Legal Service Authorities and remaining Rs. 25,000 shall be paid to the petitioner within a period of four weeks from the date of receipt of this order, reserving liberty to the petitioner to revive the present order if he is dissatisfied.

5. In order to verify whether cost has been remitted to the respective parties or not, re-list this matter on 21.08.2023. Amrendra/ashish kr- (P. B. Bajanthri, J) ( Jitendra Kumar, J) U