Patna High Court - Orders
Nirmala Sinha vs The Union Of India & Ors on 11 February, 2013
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 13580 of 2006
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Nirmala Sinha
.... .... Petitioner
Versus
The Union of India & Ors.
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Radha Mohan Singh, Advocate.
For the State : Mr. Ratna Das, A.C. to A.A.G. 8.
For the Accountant General : Mr. L. Rajgarhiyar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
5. 11-02-2013Learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing for the Accountant General are present.
Though counter affidavits have been filed on behalf of the Accountant General, respondents no. 6 and 7, all affirmed in the year 2011, but unfortunately incomplete reply has been made and also there is no explanation with regard to calculation of the dues of the petitioner from the year 1976 to 1983. This in spite of the fact that in the year 2007 itself a supplementary affidavit has been filed by the petitioner in which from paragraphs no. 4 to 7 details have also been given with regard to payment received and what has not been paid. The counter affidavit is completely silent on this point.
The case was filed in the year 2006 and till date the respondents have not cleared their stand as to whether all the legally entitled dues of the petitioner have been paid. This is a sorry state of affairs, since from the counter affidavit itself, 2 Patna High Court CWJC No.13580 of 2006 (5) dt.11-02-2013 2/2 it is apparent that many issues have been left untouched though the respondents were obliged to address and accordingly, take a stand before this Court. The impression, the Court gets is that they are trying to evade a reply on such points which also amounts to causing impediment in the Courts work and also shows lack of co-operation from the concerned respondents.
This Court was inclined to take strict view in the matter but on the plea of learned counsels appearing for the State and the Accountant General, Bihar refrains form doing so for the present. One last indulgence is sought by learned counsel for the respondents for bringing on record their stand as well as materials showing that all admissible dues to the petitioner have been paid or there is sufficient reason to explain non payment.
In view of the aforesaid, by way of extraordinary indulgence, let the matter be listed on 18th February, 2013 under Admission-I before the appropriate Bench. On that day if detailed counter affidavit showing payment of admissible dues with regard to all the points raised in the writ petition and the supplementary affidavit are not on record, the Court may impose personal cost against the concerned respondents.
(Ahsanuddin Amanullah, J.) Anand Kr.