Binay Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5240 of 2013 IN Civil Writ Jurisdiction Case No. 21957 of 2011 =========================================================== Binay Jha S/O Late Bishambhar Jha Resident Of Village And Post- Bel Via Birgania, District- Sitamarhi, At Present Residing Ath Ari Vatika Chowk P.SBettiah Mufassil, District- West Champaran. .... .... Petitioner

Versus

1. The State Of Bihar

2. Sri Arun Kumar Singh, The Secretary, Department Of Water Resources Govt. Of Bihar, Patna.

3. Sri Ashish Kumar Sinha,The Under Secretary, Department Of Water Resources, Govt. Of Bihar, Patna.

4. Sri Ram Pukar Ranjan,The Chief Engineer, Department Of Water Resources Valmiki Nagar, West Champaran.

5. Sri Uma Nath Ram, The Superintending Engineer, Tirhut Canal Circle, Bettiah, West Champaran

6. Sri Rajeshwar Dayal, The Superintending Engineer- Cum- Director Balmi, Department Of Water Resources,Govt. Of Bihar- Cum- Enquiry Officer

7. Sri Dinesh Giri, The Executive Engineer, Tirhut Canal Division- 1, Bettiah, West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. SATYAVRAT VERMA, Advocate For the Respondent/s : Mr. Pawan Kumar, AC to GA 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 20-07-2016 The petitioner was appointed as Work Sarkar by the then Executive Engineer, Irrigation Department on 27.11.1973. In 1992, he was transferred as Accounts Clerk to Tirhut Canal Division, Bettiah. Consequent to the departmental proceeding, he was terminated from service with effect from 24.8.2001 vide order, dated 12.9.2011, issued under the signature of the Chief Engineer, Water Resources Department, West Champaran. The termination order was challenged before this Court successfully and the termination order

Patna High Court MJC No.5240 of 2013 dt.20-07-2016 2/2 was set aside vide order dated 4.7.2013, passed in C.W.J.C.No. 21957 of 2011 with a rider that the petitioner would not get balance of emoluments minus subsistence allowance for the period 24.8.2001 (the date of dismissal) to 31.7.2008 (date of retirement), if not already paid.

Show cause has been filed by the opposite parties stating that the order of this Court has been fully complied with. It is submitted at the Bar that during the pendency of this writ petition, the petitioner died leaving behind his wife and other heirs.

The contempt petition is disposed of with liberty to the heirs of the original petitioner to approach the appropriate forum for redressal of grievance, if any.

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(Samarendra Pratap Singh, J) Shashi.

AFR/NAFR CAV DATE NA Uploading Date 28.7.2016 Transmission Date 28.7.2016