High Court Patna High Court - Orders

Munna Kumar vs The State Of Bihar &Amp; Ors. on 23 February, 2011

Patna High Court – Orders
Munna Kumar vs The State Of Bihar &Amp; Ors. on 23 February, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                         MJC No.3523 of 2009
                           MUNNA KUMAR .
                               Versus
                     THE STATE OF BIHAR & ORS. .
                              -----------

05. 23.02.2011 Heard learned counsel for the petitioner and

learned counsel for the State.

The order in the writ petition was simplicitor

for disposal of representation. The petitioner in haste

was not even desirous of pressing the grounds of the

representation.

The show cause filed on behalf of the District

Superintendent of Education states that on 9.2.2011

the representation has been disposed rejecting the

claims. Statement has been made in paprapgraph-5

that the costs for the delay in filing of the show cause

has been deposited as directed on 12.1.2011 and that

an enquiry shall be held to fix responsibility for

recovery. The show cause of the District

Superintendent of Education does not contain any

explanation for the delay in the filing of the show

cause. The Court is therefore satisfied that the

responsibility for the delay rests squarely on the

District Superintendent of Education. The District

Magistrate, Gopalganj is therefore directed to ensure

that the amount of costs of Rs.1,000/- are recovered

from the salary of the District Superintendent of
2

Education.

If the petitioner is aggrieved by the order

dated 9.2.2011, his remedy lies in questioning the

same in a fresh writ application.

The proceeding stands disposed.

P.K.                                       ( Navin Sinha, J.)