High Court Patna High Court - Orders

Nagendra Prasad Singh vs B.S.E.B & Ors on 13 September, 2011

Patna High Court – Orders
Nagendra Prasad Singh vs B.S.E.B & Ors on 13 September, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Miscellaneous Jurisdiction Case No.3051 of 2007
                        Nagendra Prasad Singh, son of Late Yugal Singh,
                        resident of Village-Chandi, P.O. Harauli, P.S.-
                        Sadar Hajipur, District-Vaishali.
                                                             ---Petitioner
                                               Versus
                        1. The Bihar State Electricity Board, Bidyut
                            Bhawan, Bailey Road, Patna through its
                            Chairman Mr. Swapan Mukherjee.
                        2. The Chairman, Bihar State Electricity Board,
                            Bidyut Bhawan, Bailey Road, Patna.
                        3. The Secretary, Bihar State Electricity Board,
                            Bidyut Bhawan, Bailey Road, Patna, Mr. R.P.
                            Srivastava.
                        4. The General Director (Accounts), Bihar State
                            Electricity Board, Bidyut Bhawan, Bailey Road,
                            Patna Mr. Akhileshwar Prasad.
                        5. The State of Bihar.
                                                             ---Opposite Parties
                                  ----------------------------------

10. 13.9.2011 This application has been filed for initiating a

proceeding for contempt for the alleged wilful disobedience of the

order dated 12.7.2006 passed in CWJC No.11092 of 2005.

This Court disposed of the said writ application

directing the respondent-Board to make the necessary payment of

the entitlement of the petitioner on account of pensionary dues and

the gratuity and leave encashment, subject to any decision that

may be taken by the Board to initiate proceedings under rule 43(b)

of the Bihar Pension Rules.

Show cause and supplementary show cause have been

filed on behalf of the opposite party-Board stating therein that the

order of this Court has been complied with and necessary

payments have been made as detailed in the show

cause/supplementary show cause.

Learned counsel for the petitioner submits that while
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initiating a proceeding under rule 43(b) of the Bihar Pension Rules

against the petitioner, the Board as a measure of punishment

ordered for permanent withholding of 5% of his pension. As

submitted, the said order has been assailed by the petitioner in this

Court through the writ petition, which was disposed of with

certain directions.

Be that as it may, on perusal of the show cause and

supplementary show cause, since it appears that the order of this

Court has been substantially complied with, I am not inclined to

proceed with the matter further. The contempt application stands

dismissed.

PNM                                  (Shailesh Kumar Sinha, J.)