LAWS(PAT)-2004-1-64

RAMA NAND PANDIT Vs. STATE OF BIHAR

Decided On January 27, 2004
RAMA NAND PANDIT Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel for the parties and considered the I.A. applications filed on behalf of the petitioner and also the counter affidavits filed on behalf of the State.

(2.) This case depicts sorrow state of affairs. The petitioner, who is said to be an Assistant Engineer in the Minor Irrigation Department, is moving here and there without proper posting since 8th July, 1998 and even without payment of salary.

(3.) The petitioner submitted his charge report before the Executive Engineer, Siwan Division, with effect from 7.7.1998, but the same was not accepted and thereafter this Court vide order dated 30th June, 1999 disposed of the interlocutory application and the Executive Engineer, Minor Irrigation, Siwan Division, was, accordingly, directed to countersign the charge report effective from 7.7.1998 enabling the petitioner to joint new place of posting. It was further directed that after the counter-signature is made, the petitioner shall joint the new place of posting forthwith, but till date the petitioner has not been given new place of posting nor his charge report has been accepted, and, on the contrary, in the communication, as contained in annexure 12 to I.A. No. 6729 of 1999 the authorities erroneously mentioned that the petitioner stood relieved with effect from 8.7.1998 and on that score his salary etc. was not paid. It is further submitted by learned counsel appearing on behalf of the petitioner that for non-compliance of this Court's direction dated 30th June, 1999, the petitioner had filed a contempt application, which was disposed of giving liberty to the petitioner to raise all these questions in the writ application.