Patna High Court - Orders
Nanhku Prasad Singh @ Nankhu Prasad ... vs The State Of Bihar & Ors on 16 June, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5588 of 2013
In
Letters Patent Appeal No. 497 of 2004
In
Civil Writ Jurisdcition Case No. 2209 of 2003
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Nanhku Prasad Singh @ Nankhu Prasad Sinha, son of Late Uchit Singh
Resident of Village-Akhat Bara, P.O.-Bhatua, Via-Ilmas Nagar, District-
Samastipur
.... .... Petitioner
Versus
1. The State of Bihar
2. Sri Navin Kumar Verma, the Commissioner, Department of Industries,
Bihar, Patna.
3. Shailesh Thakurr the Director, Department of Industries, Bihar, Patna
4. Sanjay Kuma the Accountant General (A & E), Bihar, Patna
.... .... Opposite Parties
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Appearance :
For the Petitioner : Mr. Rajendra Kumar Jain, Advocate
For the Opp. Parties : Mr. AC to GP 8
For Accountant General Mr. Satyendra Kumar Jha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 16-06-2014The petitioner, a retired employee of the State Government, has complained disobedience of the direction to pay pension and interest issued under order dated 12th July 2004 made by this Court in Letters Patent Appeal No. 497 of 2004.
The above referred order dated 12th July 2004 has been affirmed by the Hon'ble Supreme Court on 27th April 2011.
Since the order of the Hon'ble Supreme Court, the Director of Industries, Bihar has, under his order dated 4th August 2011, issued direction to release the amount of pension and interest at the rate of 12 % as directed by the Court. In compliance with the said direction, the petitioner has been paid the amount of Patna High Court MJC No.5588 of 2013 (2) dt.16-06-2014 2/2 arrears of pension. However, the respondents have refrained from paying the amount of interest.
One Lalit Kumar Sinha, Deputy Director of Industries has filed a show cause. According to the said deponent, the petitioner being the employee of the Industries-Corporation, the liability to pay the retiral dues and interest lies on the Corporation.
We are of the opinion that the officers in the department of Industries are clearly in contempt of this Court. Although the direction has been issued to the State Government to pay the amount of pension and interest to the petitioner, the Deputy Director of Industries has the audacity to deny the said liability and to say that the liability lies upon the Corporation. Once there is a direction, right or wrong, to the State Government, it is binding to the State Government.
As brought on the record, the petitioner has already been paid the amount of arrears of pension. The question is that of payment of interest as directed by the High Court.
The Director of Industries, Bihar will file show cause why he should not be held guilty of the contempt of this Court and why should he not be suitably punished for committing contempt of this Court.
Stand over to 30th June 2014.
Copy of the order will be given to the advocates.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Manish/-
U T