BIRENDRA NATH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri. Gautam Sah, learned counsel for the appellant, Shri. Sunil Kumar Mandal representing the State of Bihar, Shri. Anjani Kumar, learned Senior Advocate for the Corporation and Shri. Ravindra Priyadarshi for the Accountant General.

(2.) This reference has been placed before us on a question framed by a Division Bench on 23/1/2017 by the following order:

(3.) We had heard the matter on the previous occasion and we had called upon the learned counsel to assist the Court as, prima facie, the issue already stood settled according to the ratio of the Full Bench judgement of this Court in the case of Harishankar Prasad vs. The State of Bihar, reported in 2018 (4) P.L.J.R. 889. The same was also followed by a Division Bench in the case of the State of Bihar v. Shatrughan Baitha in L.P.A. No.186 of 2018, decided on 22/1/2019.