KAMESHWAR PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS M.J.C. application has been filed alleging non -compliance of the order dated 3 -7 -97 passed in C.W.J.C. No. 3151/93 by a Bench of this Court. The Additional Advocate -General No. 3 appears on behalf of the opposite parties and has already filed show -cause on behalf of O.P. No. 4, Special Officer, Biharsharif Municipality, Biharsharif.

(2.) THE brief facts leading to this application is as follows. The petitioner was appointed as Assistant Tax Daroga in Biharsharif Municipality in January 1959 and his date of birth was recorded as 5 -8 -43 in his Service Book on the basis of his School Leaving Certificate. Subsequently, the petitioner started functioning as Tax Daroga since the year 1989. However, as one Sukhdeo Prasad was to be appointed as Tax Daroga, being an Ex - Military man, the petitioner was reverted to the post of Assistant Tax Daroga. So, he filed a writ application before this Court bearing C.W.J.C. No. 16/92 which is pending for hearing. Subsequently, at the instance of the said Sukhdeo Prasad, a show -cause was asked from the petitioner on a complaint made that his date of birth is 2 -6 -1934. The petitioner filed show -cause reply but the Authority without considering the facts and without considering the relevant papers issued an order that the petitioner should retire from service with effect from June, 1992, treating his date of birth as 2 -6 -1934.

(3.) HOWEVER , the respondent No. 4 has remained silent till all those years and has not complied with the aforesaid order of the Court. Hence, this M.J.C; application was filed on 17 -8 -98. It is submitted that the respondents have disobeyed the order of the Court and, thereby, committed Contempt of Court.