The Managing Director Bihar State Food And Civil Supplies Corporation Ltd. And ORS v. Avinash Kumar Verma @ Avinash Verma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.804 of 2016 In Civil Writ Jurisdiction Case No.1399 of 2015 ====================================================== 1.

The Managing Director Bihar State Food & Civil Supplies Corporation Limited, Patna.

2.

Sri Jafar Alam, Audit Officer, State Food Corporation, Samastipur.

3.

The Deputy Chief Claim State Food Corporation Samastipur. 4.

The District Manager, State Food Corporation Samastipur. ... ... Appellant/s

Versus

1.

Avinash Kumar Verma @ Avinash Verma son of Late Madan Prasad resident of village Janedpur, Post Office Rajaura Police Station Muffasil District Begusarai, Ex - Assistant Account Officer, State Food Corporation, Samastipur.

2.

The State of Bihar.

3.

The Principal Secretary, Food and Civil Supplies Department, Bihar, Patna. 4.

The Director, Vigilance Investigation Bureau, Bihar, Patna. 5.

The Superintendent of Police Vigilance Investigation Bureau, Bihar, Patna. 6.

The Deputy Chief of Vigilance, Head Quarter, Patna. 7.

The District Supply Officer, Samastipur.

8.

Sri Suresh Kumar Yadav, Public Distribution System Dealer, Panchayat Haripur, P.O. Haripur P.S. Rosara District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anjani Kumar, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr. Braj Bhushan Mishra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-08-2017 Delay of 204 days in filing of the appeal is condoned and I.A. No.3219 of 2016 is allowed and disposed of. Having heard learned counsel for the parties and taking note of the fact that the matter has been remanded back to

Patna High Court LPA No.804 of 2016 dt.31-08-2017 2/2 the Managing Director of the Corporation to take a decision in the light of certain observations made and as the Managing Director is already seized of the matter, we see no reason to make indulgence in the matter. However, the Managing Director shall dispose of the matter within four weeks from today. As far as the payment for the working period is concerned, the same shall be paid to the petitioner, but with regard to the period he was out of service, the Managing Director shall advert to answer the question and shall pass an appropriate order.

With the aforesaid, this appeal is disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 7.9.2017 Transmission Date