IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.4088 of 2010
BALDEO MANDAL, SON OF LATE CHHEDI MANDAL, RESIDENT OF VILLAGE
GANOURA BAHADURPUR, PURBI TOLA, P.O. SHAHZADPUR, P.S. MASUDANPUR,
DISTRICT BHAGALPUR.
---------------------------------------------------------------------------------------------------- PETITIONER
Versus
1. THE STATE OF BIHAR.
2. SRI NILMANI, THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA.
3. SRI A.K. AMBASTHA, THE INSPECTOR GENERAL OF POLICE, BHAGALPUR.
4. SRI SHAILENDRA KUMAR SINGH, THE DEPUTY INSPECTOR GENERAL OF
POLICE, BHAGALPUR.
5. SRI SANJAY KUMAR SINGH, THE SUPERINTENDENT OF POLICE, BHAGALPUR.
6. SRI PANKAJ KAMBOJ, THE SUPERINTENDENT OF POLICE, HAZARIBAGH
(JHARKHAND)
--------------------------------------------------------------------- RESPONDENTS/OPPOSITE PARTIES
********
4 23.2.2011 The Superintendent of Police, Hazaribagh has filed a
show cause and produced a bankers Cheque in the name of Baldeo
Mandal the petitioner in this case by which Rs. 71,881/- is being
paid to the petitioner by way of suspension allowance.
Learned counsel for the petitioner accepts the Cheque
with an objection that the interest ought to be paid to the
petitioner. Since there is no order for payment of interest in the
main writ application, I do not think it proper to order payment of
interest in the contempt application.
The second submission on behalf of the petitioner is
that the suspension allowance should be paid from the date on
which the petitioner was suspended i.e. 14.3.1993 to 28.10.2000.
On behalf of respondent no. 6, it is submitted that in
fact the petitioner had remained in custody and was only released
in 2008, at no point of time the petitioner informed the concerned
authority regarding his incarnation and the authorities only got
2
knowledge of this fact from the Superintendent of Jail, Bhagalpur
and, therefore, the petitioner cannot make any claim that he should
be granted suspension allowance for the aforesaid period.
If the petitioner is aggrieved with the aforesaid
payment, he may take recourse the remedy available to him under
the law. The bankers Cheque is being handed over to the counsel
for the petitioner in Court.
This application is disposed of.
Sanjay ( Sheema Ali Khan, J.)