The State Of Bihar & Ors vs Amrendra Prasad Yadav on 21 July, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.1046 of 2011
                                                       In
                                Civil Writ Jurisdiction Case No. 7766 of 2003
                                                      With
                                   Interlocutory Application No. 4760 of 2011
                                                      With
                                   Interlocutory Application No. 4761 of 2011
                                                       In
                                    Letters Patent Appeal No. 1046 of 2011
                 ======================================================
                 The State of Bihar & Ors                             .... ....   Appellants
                                                     Versus
                 Amrendra Prasad Yadav                                .... .... Respondent
                 ======================================================
                 Appearance :
                 For the Appellants        :      Mr. Lalit Kishore, AAG-1
                                                  Mr. Rabindra Kr.Priyadarshi,AC to AAG-1
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2. 21-07-2011 Interlocutory Application No. 4760 of 2011:

Learned Additional Advocate General Mr. Lalit
Kishore appears for the appellants. He states that the present
Appeal under Clause 10 of the Letters Patent is preferred by the
State Government and its officers against the judgment and order
dated 30th March 2010 passed by the learned single Judge in above
C.W.J.C. No. 7766 of 2003 insofar as the learned single Judge has
directed, “…the respondents to initiate civil/criminal
2 Patna High Court LPA No.1046 of 2011 (2) dt.21-07-2011

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proceedings including suspension forthwith of the
officer/officers who not only appointed the petitioner whether
as a peon/Junior Accounts Clerk/ Senior Accounts Clerk but
even those successor officer who continued to utilize the
service of the petitioner and paid him salary at least till
5.1.2004.” The grievance is against the direction to proceed
departmentally against the successors in office of the real
wrongdoer.

Issue notice to the respondent for hearing on
Limitation petition and for hearing and final disposal of the Letters
Patent Appeal, to be made returnable on 8 th September 2011.
Notice will be served through Court process. Requisites will be
filed within one week from today.

(R.M. Doshit, CJ)

(Birendra Prasad Verma, J)
Pawan Kumar/-