IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3840 of 2010
RAM SAKAL SINGH
Versus
THE STATE OF BIHAR & ORS.
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3. 10.11.2010. Mr. Satish Chandra Jha No.3, learned
counsel for the petitioner, Mr. Nagendra Sharma,
learned Assisting Counsel to G.P.8 for the State
and learned counsel for the Accountant General,
Bihar are present.
By the order passed in the writ petition,
the order dated 26.4.2005 was quashed and the
Principal Secretary, Water Resources Department,
Govt. of Bihar, Patna was required to reconsider
the matter and pass a fresh order after providing
due opportunity to the petitioner of presenting
his case in relation to his claims for Ist and 2nd
ACP and salary for the period 1.8.1990 to
24.6.1996.
The matter was considered on 6.10.2010 and
the compliance was found wanting inasmuch as the
order passed by the Principal Secretary contained
in Memo no.3986 dated 20.7.2010 said to be in
purported compliance of the order passed by this
Court in C.W.J.C.No.3413 of 2007 was in fact in
the teeth of the said order. As such, the order is
ignored.
2
As a consequence thereof, the direction of
this Court yet remains to be complied.
Today, learned counsel representing the
State and other authorities, on instructions from
the Principal Secretary, Water Resources
Department, prays for three weeks time to ensure
compliance of the directions contained in the
order dated 9.12.2009 passed in C.W.J.C.No.3413 of
2007.
Although under the directions aforesaid,
the order was to be complied by March, 2010 and
the delay is unexplained but by way of extra
ordinary indulgence, the matter is being adjourned
until Ist December 2010 enabling the Principal
Secretary, Water Resources Department to ensure
compliance of the directions contained in the
order dated 9.12.2009 passed in C.W.J.C.No.3413 of
2007, failing which the Principal Secretary shall,
at the first instance, be liable for depositing a
cost quantified at Rs.5000/- from his pocket with
the Bihar State Legal Services Authority.
Put up on 1.12.2010 in Chambers at 4.15
P.M., if not sitting singly.
ahk (Jyoti Saran, J)