IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3261 of 1997 YOGENDRA PRASAD Versus THE STATE OF BIHAR & ORS with CWJC No.859 of 1997 KAMLESH NANDAN & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.1898 of 1997 BASUDEO PRASAD & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.6170 of 1997 KESHAW PRASAD YADAV & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.6589 of 1997 RAJ KUMAR SINGH Versus THE STATE OF BIHAR & ORS with CWJC No.3533 of 1997 RAJNISH KUMAR & ANR Versus THE STATE OF BIHAR & ORS with CWJC No.2381 of 1997 SHAMBHU SARAN SINGH & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.1124 of 1997 SANJAY KUMAR Versus THE STATE OF BIHAR & ORS with CWJC No.2382 of 1997 NILABMAR THAKUR & ORS Versus -2- THE STATE OF BIHAR & ORS with CWJC No.7234 of 1997 RAM CHANDRA KUMAR & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.3034 of 1997 BARUNJAY KUMAR Versus THE STATE OF BIHAR & ORS with CWJC No.1787 of 1997 SUBHASH CHANDRA SHARMA & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.2262 of 1997 RAGHAW PRASAD SINGH & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.7521 of 1998 BHUNESHWAR CHOUDHARY & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.7624 of 1998 SANTOSH KUMAR JHA & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.9074 of 1998 VISHNU KANT SHARMA Versus THE STATE OF BIHAR & ORS with CWJC No.813 of 1999 MANOJ KUMAR SINGH Versus THE STATE OF BIHAR & ORS with CWJC No.1555 of 2005 SURJANANDAN PRASAD -3- Versus THE STATE OF BIHAR & ORS with CWJC No.5948 of 1997 AKHILESHWAR PRASAD & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.5025 of 1997 SUSHIL KUMAR PASWAN Versus THE STATE OF BIHAR & ORS -----------
15 05/10/2010 After appearance of the Finance Commissioner
and the Chief Engineer (Mechanical), Public Health
Engineering Department, one thing is apparent that the
stand taken by the petitioners that a Committee was
constituted and the Committee has given a report is no
longer in dispute, though, there is information that the
matter has traveled to the Finance Commissioner for
further direction or decision is not correct. Since there
was failure on the part of the two respondents to file
counter affidavit and explain the position they had to be
summoned to the Court to shed light on the issue.
As of today, the report of the Committee is lying
with the Principal Secretary, Public Health Engineering
Department for his deliberations and formulation of a
policy in this regard and appropriate recommendation
-4-
would be required to be made and the stand of the State
in this regard is also required to be brought on record by
the respondents in the present case.
Personal appearance of both the respondents is
hereby dispensed with.
Principal Secretary, Public Health Engineering
Department is now directed to file affidavit as to their
stand on the issue in light of the recommendation of Five
Member Committee headed by the Chief Engineer
(Mechanical), Public Health Engineering Department
which is dated 1.9.2010.
Let this matter come up in the same position on
28.10.2010.
AMIN/ (Ajay Kumar Tripathi, J.)