Contempt petition concerning payment of pension and withheld gratuity. The State reported that most dues were paid under the Bihar Pension Rules and fresh orders passed on remand. The Court declined to proceed further in contempt, leaving remedies open to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4017 of 2018
In
Civil Writ Jurisdiction Case No.8882 of 2013
======================================================
Babu Ram Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Adovcate For the Opposite Party/s : Mr. Anjani Kumar, AAG-4
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
7 19-05-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Learned Additional Advocate General submits that 90% of pension has been paid, withholding 10% under the Provisions of Rule- 43(c) of the Bihar Pension Rules, 1950 (hereinafter referred to as ‘the Rule’). The gratuity has been withheld under the provisions of the Rule- 43(d), since the judicial proceedings arising out of criminal case is still pending.
It is his submission on instructions that upon remand after reconsideration, some fresh order of punishment has also been passed. Such developments, subsequent to the Court’s order passed in C.W.J.C. No. 8882 of 2013 are not relevant for consideration for this Court today in contempt proceedings.
In view of the aforesaid submissions, this Court is not
Patna High Court MJC No.4017 of 2018(7) dt.19-05-2023 2/2
inclined to proceed any further in the contempt proceedings.
It shall be open to the petitioner to assail the order in appropriate proceedings.
Accordingly, the contempt petition stands dismissed. Personal appearance of Chief Engineer, Water Resources Department, Government of Bihar, Patna is hereby dispensed with.
(Madhuresh Prasad, J)
Raj kishore/- U
2 provisions across 1 enactments
Babu Ram Singh
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
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