Disposed

Yogendra Kumar v. The State Of Bihar and Ors.

Patna HC6 Oct 2017L.P.A/1267/2017

Case brief

AI extract

What is this about?

Appeal disposed where certification proceedings were closed in 2015. Court held no coercive steps or FIR allowed pending adjudication of recovery claims via proper appellate channels.

What did the court decide?

No coercive steps or FIR shall be lodged while recovery claim adjudication remains pending; parties directed to file appeal or initiate recovery proceedings if desired.

Yogendra Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1267 of 2017

¶2

¶3

Civil Writ Jurisdiction Case No. 12267 of 2017

¶4

===========================================================

¶5

Yogendra Kumar, son of Late Raj Bansi Sah, resident of Bishambharpur (Meharua), P.S.-Bhairavganj, District-West Champaran, Bettiah, Proprietor Pooja Rice Mill, Industrial Area, Kumarbag, West Champaran

¶6

.... .... Appellant/s Versus

¶7

The State of Bihar

¶8

The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna

¶9

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Patna

¶10

The District Magistrate, West Champaran, Bettiah

¶11

The Supreintendent of Police, West Champaran, Bettiah

¶12

The Certificate Officer, West Champaran, Bettiah

¶13

The District Magistrate, Bihar State Food and Civil Supplies Corporation Limited, West Champaran, Bettiah

¶14

.... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate Mrs. Arti Kumari, Advocate For the State : Mr. S. Raja Ahmad, AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5 For B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

¶15

And

¶16

HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

¶17

(Per: HONOURABLE THE CHIEF JUSTICE)

¶18

Date: 06-10-2017

¶19

Seeking exception to an order dated 29.08.2017

¶20

passed in C.W.J.C. No. 12267 of 2017, this appeal has been filed under Clause-10 of the Letters Patent.

¶21

Challenging the certification proceedings

¶22

initiated against the petitioner, the writ petition in question was filed and when the matter came up for consideration before the Writ Court

¶23

Patna High Court LPA No.1267 of 2017 dt.06-10-2017

¶24

2/3

¶25

on 29.08.2017, a statement was made, even though incorrectly that the issue has been covered by the judgment rendered on 31.07.2017 in C.W.J.C. No. 11039 of 2016. In C.W.J.C. No. 11039 of 2016, the matter was remitted back to the Certificate Officer for considering the objection and taking a decision, in accordance with law. However, in the present writ petition, the facts remain that the certification proceedings initiated by the respondents already stood closed on 16.07.2015, as is evident from page 37 of the paper book in the writ petition.

¶26

That being so, an error has been committed in remitting the matter back to the Certificate Officer in pursuance to the earlier order passed in C.W.J.C. No. 11039 of 2016 on 31.07.2017.

¶27

Taking note of these factors, we are of the considered view that now if the respondents want to make any recovery from the petitioner after disposal of Certificate Case No. 19/2013-14 on 16.07.2015, the respondents may either file an appeal against the order or initiate proceedings, in accordance with law, as may be permissible for recovery of any amount due and the appellant will have right to adjudicate such recovery and raise objections as may be available to him. In case, the certificate proceedings filed by the respondents have been culminated and there is no order of the Appellate Authority and till proceedings are not taken, in accordance

¶28

Patna High Court LPA No.1267 of 2017 dt.06-10-2017

¶29

3/3

¶30

with law for adjudicating the claim, no coercive steps or First Information Report shall he lodged against the petitioner.

¶31

With the aforesaid, the appeal stands disposed of.

¶32

(Rajendra Menon, CJ)

¶33

(Anil Kumar Upadhyay, J)

¶34

Shageer/-

¶35

AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	09/10/2017
Transmission Date	NA

Yogendra Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Yogendra Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Surendra Prasad Singh Vs The State Of Bihar and Ors.

Mahesh Sharma and Anr. Vs The Union Of India and Ors.

Shashi Prasad Singh Vs The State Of Bihar and Ors.

Pashupati Paswan Vs The State Of Bihar and Ors.

Udit Narayan Roy Vs The State Of Bihar and Ors.

Most Janki Devi Vs The State Of Bihar and Ors.