S.m.inam Ahmad v. Bihar State Electricity Board and Ors.
Case brief
What is this about?
The High Court at Patna disposed of the petitioner's application challenging an order disallowing payment beyond subsistence allowance. The Court refused to entertain the application, granting liberty to the petitioner to file an appeal before the appropriate authority within 45 days.
What did the court decide?
Application disposed of with liberty to file an appeal before the appropriate authority within 45 days.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11973 of 2013
====================================================== S.M.Inam Ahmad Son of Late S.M. Nisar Ahmad, resident of Nawab Nagar, Opposite Vijay Petrol Pump, P.O. Nawadah, P.S. Nawadah, DistrictNawadah (Bihar).
.... .... Petitioner/s Versus 1. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, through its Chairman 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. Director (Administration) Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Wasi Ahmed Khan, Adv. For the BSEB : Mr. Ranjit Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
6 09-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is challenging the order dated 20th December 2012 (Annexure-1) by which it has been mentioned that the petitioner is not entitled to beyond the subsistence allowance for the period from 26th August 2003 to 12th August 2005.
As it appears that a departmental proceeding was initiated against the petitioner, he was awarded the punishment of stoppage of one annual increment with non-cumulative effect, debarred from promotion for one year from the due date and is not entitled to any payment beyond the subsistence allowance that was challenged before
Issues for consideration
2 issues framed by the court
Whether the Court should entertain an application challenging an order disallowing payment beyond subsistence allowance pending a fresh appeal.
Whether a refusal to entertain the writ application is tenable in light of the liberty granted to file an appeal before the appropriate authority.
Parties & counsel
- petitioner
S.M.Inam Ahmad
- respondent
Bihar State Electricity Board
Coram
Shivaji Pandey
Case details
As recorded by the court registry
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