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Patna High Court - Orders

Dr.Gauri Shankar Prasad vs The State Of Bihar & Ors on 13 May, 2016

Author: Shivaji Pandey

Bench: Shivaji Pandey

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.17349 of 2011
                 ======================================================
                 Dr.Gauri Shankar Prasad Son of Late Sukhdeo Narayan resident of mohalla
                 Chesire Home Road, P.O. - Bariatu, P.S. - Bariatu, District - Ranchi -
                 834009.

                                                                    .... ....   Petitioner/s
                                                    Versus
                 1. The State of Bihar through the Secretary, Department of Animal
                    Husbandry. Government of Bihar, Vikash Bhawan, New Secretariat,
                    P.O. + P.S. - Sachivalaya, District - Patna (Bihar)
                 2. The Secretary, Department of Animal Husbandry, Government of Bihar
                    Vikas Bhawan, New Secretariat, P.O. + P.S. Sachivalaya, District -
                    Patna.
                 3. The Joint Secretary, Department of Animal Husbandry, Government of
                    Bihar. Vikas Bhawan, New Secretariat, P.O. + P.S. - Sachivalaya,
                    District - Patna.
                 4. The State of Jharkhand through the Regional Director, South
                    Chotanagpur Region, Animal Husbandry and Fisheries Department.
                    Government of Jharkhand, P.O. + P.S. - Doranda, District - Ranchi.

                                                                  .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s :
                 For the Respondent/s   : Mr. Sunil Kr. Mandal, SC-24
                                          M/s Arjun and Nishi Nath Ojha, Advs.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                 ORAL ORDER

5   13-05-2016

No one was present on behalf of the petitioner on 12.05.2016 to press this application. This Court had suo motu passed over the case. It appears that this Court had dealt with the fact of the case in the order dated 12.05.2016, is as follows:-

"In the present case petitioner is claiming his salary for the period from 21.2.1996 to 31.12.1996. Petitioner was made accused in different cases of fodder scam and also convicted in a criminal case Patna High Court CWJC No.17349 of 2011 (5) dt.13-05-2016 2/2 where allegation has been made to have defalcated the Government money. Thereafter he was dismissed from service. Against the aforesaid order petitioner approached this Court vide C.W.J.C. No.7734 of 1999 ( Dr. Gauri Shankar Prasad V. State of Bihar ), this Court quashed the order of dismissal whereupon a fresh order has been passed whereby he has been brought to the service with the continuity of service but deprived him to the salary for the aforesaid period. This order was passed in view of the order passed by this Court in LPA No.1035 of 2005."

In such view of the matter, there is no need to repeat the same facts as has been recorded in the order dated 12.05.2016.

No one is present on behalf of the petitioner to press this application and this Court does not find any merit in the present writ application.

Accordingly, this writ petition is dismissed. This order has been passed in presence of the counsel for the State of Bihar and the State of Jharkhand.

(Shivaji Pandey, J) Mahesh/-

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