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Patna High CourtMJC/3435/2023consigned

Dr. Manoj Kumar Srivastava v. The State Of Bihar

2025-08-08Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3435 of 2023 In Civil Writ Jurisdiction Case No.6302 of 2020 ====================================================== Dr. Manoj Kumar Srivastava Son of Late Akhileshwar Prasad Srivastava, Resident of Mohalla-Punaichak, Champaran Bhawan, P.s.-Shastri Nagar, Town/District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Dr. B. Rajender, Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

Dr. N. Vijaya Lakshmi, Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna.

4.

Mr. Rajneesh Dubey, the Additional Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna. 5.

Mr. Devendra Pandey, the Director, Animal Husbandry and Fisheries Department, Government of Bihar, Patna.

6.

Mr. Puskar Kumar, The Accountant General, Government of Bihar, Patna. 7.

Mr. Satyawan Singh, the Joint Secretary, Animal Husbandry and Fisheries Resources Department, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Priyadarshi, Sr. Advocate For the State :

Mr. Sajid Salim Khan (SC-25) For the A.G.

:

Mr. Raj Nandan Prasad, Advocate :

Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-08-2025 Heard Mr. Manoj Priyadarshi, learned senior counsel appearing on behalf of the petitioner; Mr. Sajid Salim Khan, learned senior counsel appearing on behalf of State and Mr. Raj

Patna High Court MJC No.3435 of 2023(16) dt.08-08-2025 2/3 Nandan Prasad, learned counsel for the Accountant General.

2. Learned senior counsel appearing on behalf of the petitioner informs that during the pendency of the present contempt petition, the opposite party no. 3 has passed a fresh order contained in Memo No. 248 dated 30.07.2024 after reconsidering the grievance of the petitioner. The order reveals that the petitioner remained under suspension from 28.08.2001 to 30.06.2014, till the date of superannuation, as such in absence of any pending proceeding against the petitioner on the date he had retired, the petitioner becomes entitled for the payment of pension and due salary for the suspension period from 28.08.2001 till 30.06.2014. In view of the admitted position, learned senior counsel contends that order contained in Memo No. 248 dated 30.07.2024 will adversely affect the determination of the right of the petitioner in Letters Patent Appeal preferred by the State.

3. I don't find that once it has been admitted by the opposite parties that petitioner was under suspension from 28.08.2001 till 30.06.2014, in any manner, his right will be affected. Petitioner is not restrained from challenging the said order contained in Memo No.248 dated 30.07.2024 for determination of his right.

Patna High Court MJC No.3435 of 2023(16) dt.08-08-2025 3/3

4. In view of the compliance made, the present contempt petition is consigned.

(Purnendu Singh, J) Niraj/- U