Atul Kumar And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5160 of 2012 ======================================================

1. Atul Kumar

2. Vikash Kumar, both sons of Late Laknath, residents of Path No.2, Indrapuri, Patu Road, Ranchi, P.S. Sukhdeo Nagar, P.O. Hehal, District - Ranchi

3. Vibha Rani, wife of Mihir Sinha, daughter of Late Loknath, near Bharatmata Chauk, P.S. and P.O. Katghora, District- Korba, Chhatisgarh

4. Abha Rani, wife of Anand Kumar, daughter of Late Loknath, resident at Silp Sagar Apartment, Flat no.306, Matri Kunj, Bhilai, Chhastisgarh .... .... Petitioners

Versus

1. The State of Bihar

2. Chanchal Kumar, Secretary Building Construction Department, Bisheswarraiya Bhawan, Baily Road, Patna 3.

Pratay Amrit, Secretary, Road Construction Department, Bisheshwarraiya Bhawan, Baily Road, Patna

4. Sri Babban Ram, Engineer - In - Chief Road Construction Department, Bisheshwarraiya Bhawan, Baily Road, Patna

5. Sudhansu Shekhar Rai, Executive Engineer, Building Construction Department , Patna, West Division, Danapur, Patna

6. Avinash Kumar Kanth Assistant Director, Provident Fund, Pant Bhawan, Baily Road, Patna

7. Inderjeet Singh Dhariwal, Accountant General, Bihar, Patna

8. Dr. Dinkar Prasad Treasury Officer, Secretariat District - Patna .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Prasad For the Respondent/s : Mr. AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-04-2016 Heard Sri Raj Nandan Prasad, learned counsel for the petitioners, learned AC to AAG-5 as well as learned counsel, who has appeared on behalf of Opp.Party no.7/ Accountant General, Bihar.

The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on allegation of

Patna High Court MJC No.5160 of 2012 (12) dt.27-04-2016 2/2 wilful disobedience to an order 05.12.2011 passed in C.W.J.C.No.16624 of 2008. By the said order, this Court had allowed the writ petition with direction to the Secretary, Building Construction Department, Patna to take all steps , so that sanction order regarding all retiral dues of the petitioner with statutory interest must be issued within specified time. In this case, number of show causes have been filed on behalf of Opp.Parties. On one occasion, there was direction for personal appearance of the Principal Secretary of the Department, who had appeared and, thereafter 3rd show cause has been filed, wherein it has been indicated that all the dues have already been paid. Even amount of interest, though it was not statutory, was also sanctioned and sent to the Accountant General, Bihar. Learned counsel for the Accountant General, Bihar, on instruction, informs that after receipt of sanction order, he had already communicated the same to the Accountant General, State of Jharkhand in respect of interest amount.

The Court is of the opinion that the order of the writ court has already been complied with in its letter and spirit and, as such, there is no need to keep the matter further pending. The petition stands disposed of.

NKS/- (Rakesh Kumar, J) U