Dismissed

Bisheshwar Prasad v. The Bihar State Electricity Board, Patna and Ors.

Patna HC5 Mar 2014MJC/2588/2013

Case brief

AI extract

What is this about?

In this contempt application, the petitioner alleged violation of a prior order directing submission for retiral dues. The court found that dues, including statutory interest, had been paid and authorized. The court dismissed the application, though it left the petitioner right to approach the appropriate forum regarding interest disputes.

What did the court decide?

Contempt application dismissed; grievance regarding non-payment of statutory interest reserved for appropriate forum.

Bisheshwar Prasad Vs The Bihar State… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2588 of 2013 In

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Civil Writ Jurisdiction Case No. 829 of 2012

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====================================================== Bisheshwar Prasad S/O Late Baleshwar Prasad R/O Village- Bulakipur, P.O- Kamrau, P.S- Dalsingsarai, District- Samastipur.

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.... .... Petitioner/s Versus 1. The Bihar State Electricity Board, Patna through Its Secretary (Sri K.K. Verma), Vidyut Bhawan, Bailey Road, Patna. 2. The Finance Controller (Sri V.K. Gupta), Bihar State Electricity Board, Bailey Road, Patna. 3. The Director ( Sri Pramod Kumar) Terminal Benefit, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 4. The General Manager- Cum- Chief Engineer ( Sri Birendra Kumar Chaudhary), Saharsa, Kosi Area Electric Supply, Saharsa. 5. The Electrical Superintending Engineer (Sri S.K. Shrivastava) Electric Supply Circle, Purnea. 6. The Electrical Executive Engineer (Sri Subodh Kumar Singh) Electric Supply Division, Purnea. 7. The Assistant Electric Engineer (Sri Rahul Kumar Swarnkarn) Electric Supply Sub- Division, Banmaukhi, District- Purnea. 8. The Account Officer, Electric Supply Circle, Purnea. 9. The State of Bihar

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.... .... Respondent/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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4 05-03-2014 Heard Mr. Gupta for the petitioner and Mr. Vinay Kirti Singh for the opposite parties.

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A show cause as well as a supplementary show cause on behalf of opposite party nos. 3 and 4 have been filed.

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This application alleges wilful/deliberate disregard/violation of the order dated 27.03.2012 passed in CWJC No. 829 of 2012 whereby the petitioner was directed to submit a representation for consideration of his claim for payment of the

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Patna High Court MJC No.2588 of 2013 (4) dt.05-03-2014

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retiral dues. If the dues were found due and admissible then the same was required to be disbursed in favour of the petitioner.

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Mr. Vinay Kirti Singh, learned counsel for the opposite parties with reference to the averments made in the show cause as well as the supplementary show cause, states that the dues found due and admissible have been paid to the petitioner. On the strength of a communication dated 03.03.2014 so received by him issued by the Deputy General Manager-cum-Electrical Superintending Engineer, Kosi Area Electrical Supply, Saharsa, it is stated that the statutory interest under the head(s) GPF and GSS have also been calculated and authorized in favour of the petitioner.

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Learned counsel for the petitioner, on the other hand, submits that calculation chart/details of dues authorized have not till date been furnished.

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Be that as it may, considering the order passed on the writ petition and the facts disclosed in the show cause/supplementary show cause as well as the submissions of Mr. Vinay Kirti Singh, this Court is satisfied that the present contempt application merits no further persuasion. It is accordingly dismissed.

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Dismissal of the application shall not preclude the petitioner from ventilating his grievance(s) with regard to non

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Patna High Court MJC No.2588 of 2013 (4) dt.05-03-2014

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payment of statutory interest/deficient payment of the dues, if any, before the appropriate authority/forum in accordance with law.

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(Kishore Kumar Mandal, J)

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HR/-

Bisheshwar Prasad v. The Bihar State Electricity Board, Patna and Ors.

Case brief

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Bisheshwar Prasad v. The Bihar State Electricity Board, Patna and Ors.

Case brief

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