IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2255 of 2009
Ram Yatan Prasad, son of Sri Budhan Prasad, resident of village-
Tekuna, Police Station- Bodh Gaya, District Gaya ....Petitioner
Versus
1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar,
Old Secretariat, Patna
2. Mr. Amir Subhani, Secretary Department of Personnel and Administrative
Reforms Department, Old Secretariat, Patna
3. Mr. Rajvansh Mani Singh, Joint Secretary Department of Personnel and
Administrative Reforms Department, Old Secretariat, Patna
4. Mr. Surendra Mohan Sinha, Deputy Secretary Department of Personnel and
Administrative Reforms Department, Old Secretariat, Patna
5. Mr. Vijay Prakash, Principal Secretary-cum- Commissioner, Rural
Development Department, Government of Bihar, Old Secretariat, Patna
...Opposite Parties
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3 03-09-2010 Heard learned counsel for the petitioner and
learned counsel for the State.
From the show cause filed on behalf of the
State, it appears that disciplinary proceeding remanded
against the petitioner in respect of which this court had
passed earlier an order and granted liberty to proceed in
accordance with law has been concluded leading to an
order against the petitioner under the Bihar Pension
Rules.
The submission advanced on behalf of the
petitioner is that the authorities have not acted in
accordance with law and the final order is, therefore,
illegal.
2
No doubt the authorities have caused delay in
concluding the proceeding and taken beyond nine
months time which was granted by the Division Bench,
but for that only we do not want to punish the opposite
parties. So far as alleged illegality or irregularity is
concerned, we do not deem it proper to go into the
relevant issues in exercise of contempt jurisdiction. This
contempt application is finally disposed of.
It goes without saying that petitioner will have
the liberty to challenge any illegal order/decision on all
permissible grounds through appropriate proceeding in
accordance with law.
(Shiva Kirti Singh, J.)
BKS/- (Hemant Kumar Srivastava, J.)