Birendra Pd v. Bihar, patna

Sri Ramesh Chandra fathe’s name not known, State Fire Officer, State Fire Services, Headquarter, Budh Marg, Lodhipur, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Respondent/s : Mr. Awdhesh Kumar Pandey Ga9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 29-01-2013 Heard learned counsel for the petitioner and the State. A show cause has been filed on behalf of O.P Nos. 2 and 3 i.e. Principal Secretary, Department of Home and Under Secretary, Department of Home (Police) Govt. of Bihar respectively. Reply/rejoinder thereto has been filed on behalf of the petitioner. The applicant raises a grievance that the O.Ps have deliberately/willfully acted in disregard of the order of this Court passed on the writ petition filed by the petitioner vide C.W.J.C. No. 5561 of 2005 (Annexure-1) relevant portition thereof is extracted herein below:-

Upon hearing learned counsel 2 Patna High Court MJC No.2909 of 2012 (5) dt.29-01-2013 petitioner and the State, the petition is disposed of with the direction that undisputed amount shall be paid within a period of one month, if has not already been paid and if there is any dispute, the same shall be settled within a period of three months and the retrial dues along with other undisputed dues including arrears of salary shall be paid within a period of four months in accordance with law from the date of receipt/production of a copy of this order

. In the show cause the following facts have been averred in paragraph 7 thereof which is extracted hereinbelow:- “It is humbly submitted that the claim of the petitioner was examined and considered in the light of relevant provisions contained in different circulars of the Finance Department as well as on the basis of documents available in the department and a reasoned and speaking order has been passed by the Principal Secretary, Home Department, Bihar, Patna contained in letter no. 317 dated

16.01.2013 rejecting the claim of the petitioner holding therein that the petitioner was neither deputed by the State Govt. in Fertilizer Corporation of India, Sindari unit before his appointment in the Corporation nor his services were placed in the Corporation. In fact, the petitioner was appointed a afresh in the Corporation on his own application and as such he is not entitled for any post retirement benefit from the State Govt”. Along with the show cause a reasoned order passed by the Principal Secretary, Department of Home as contained in letter no. 317 dated 16.01.2013 (Annexure-E) has 3 Patna High Court MJC No.2909 of 2012 (5) dt.29-01-2013 been annexed. Learned counsel for the petitioner submits that before passing of the aforesaid order adequate opportunity was not granted to the petitioner to place relevant record and document. It is also contended that the said authority before passing the same ought to have called for relevant document/record from the concerned officer. In my view, considering the facts appearing from the record and the order passed on the writ petition as noticed herein above, the O.Ps. cannot be held to have acted in gross disregard of the order of this Court. The application, therefore, deserves to be dropped and it is accordingly dropped. The contention raised on behalf of the petitioner cannot be considered in an application for inflicting punishment opposite parties having willfully/deliberately acted in disregard of the order. The petitioner may in the facts and circumstances of the case approach the opposite parties for reconsideration of the matter in the light of the document to be furnished by him and or challenge the aforesaid reasoned order passed by the concerned opposite parties (annexure-E to the show case) before the appropriate forum/authority in accordance with law. The application stands disposed of. M.Rahman/- (Kishore Kumar Mandal, J)