Ram Balak Singh Balak v. Sri Amir Subhani The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3666 of 2023 In Civil Writ Jurisdiction Case No.12801 of 2005 ====================================================== Ram Balak Singh Balak S/o late Mundrika Singh Resident of VillageKachchiana, P.O. Kachchiana, P.S. Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

Sri Amir Subhani The State Of Bihar.

2.

Sri Sanjay Kumar Singh, The Secretary-cum-Food Commissioner, Food and Civil Supply and Commerce Department, Govt. of Bihar, Patna. 3.

Sri N Saravana Kumar, The Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Vth Floor, Birchand Patel Marg, Patna. 4.

Sri N Saravana Kumar, The Managing Director, Bihar State Food and Civil Supply Corporation Ltd. Sone Bhawan, Vth Floor, Birchand Patel Marg, Patna.

5.

Sri Rakesh Kumar Ranjan, The Chief Administrator, Bihar State Food and Civil Supply Corporation Ltd. Sone Bhawan, Vth Floor, Birchand Patel Marg, Patna.

6.

Sri Subash Kumar, The District Manager, Muzaffarpur District, Bihar. 7.

Sri Amitabh Kaushal, State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi.

8.

Sri Yatindra Prasad, The Jharkhand State Food and Civil Supplies Corporation, Ranchi.

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Mr. Additional Advocate General 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-05-2024 Prima facie, orders of this Court dated 22.03.2023 passed in CWJC No. 12801 of 2005 has been complied. On the other hand, petitioner counsel is disputing to the extent that there is non-compliance of orders of this Court. Therefore, it is necessary

Patna High Court MJC No.3666 of 2023 dt.10-05-2024 2/3 to reproduce para 10 of the order dated 22.03.2023 passed in CWJC No. 12801 of 2005 and it reads as under:- "10. Accordingly, impugned order of dismissal dated 22.07.2005 is modified to that of compulsory retirement with effect from 22.07.2005, the concerned official respondent is hereby directed to extend all monetary benefits which were due to the petitioner with reference to imposition of penalty of compulsory retirement with effect from 22.07.2005. Monetary benefits shall be calculated and disbursed in accordance with law within a period of three months from the date of receipt of this order, failing which the petitioner is entitled to litigation cost and it is quantified @ Rs.

25,000/- (Rupees Twenty Five Thousand)"

2. Learned counsel for the petitioner submitted that petitioner was placed under suspension during the intervening period from the year 1985-89, he has not been paid difference of salary or suspension period has not been regulated in accordance with law. It is further submitted that he was dismissed on earlier occasion on 20.07.1996 and he was reinstated on 06.11.2003 during the intervening period he is entitled to monetary benefits and same has not been extended, therefore, the present contempt petition still subsists. The aforementioned contention of the petitioner is not part and parcel of para 10. Therefore, the aforementioned frivolous contention stands rejected with cost of Rs. 5,000/-. Cost shall be paid in the Patna High Court Legal

Patna High Court MJC No.3666 of 2023 dt.10-05-2024 3/3 Services Committee within a period of eight weeks from the date of receipt of this order failing which Registry is hereby directed to proceed to recover the cost from the revenue process. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A