Patna High Court
Ramdeo Sah vs The State Of Bihar And Ors on 8 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18423 of 2018
Arising out of
CRIMINAL REVISION No. 1268 of 2011
Arising Out of PS Case No.- Year- Thana- District-
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Ramdeo Sah, Son of Late Saryug Sah, Resident of Village-Janar, PS Aurai,
District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shambhu Sah, Son of Ramdeo Sah, Resident of Village- Janar, PS Aurai,
District- Muzaffarpur presently posted as an Assistant Teacher, Middle
School, Sahil Baijnath, Ancha-Aurai-II, PS Hathauri, District- Muzaffarpur.
3. Shankar Kumar Hemant, Son of Ramdeo Sah, Resident of Village-Janar,
PS Aurai, District- Muzaffarpur, presently posted as T.T.I., Indian Rail,
Solapur Junction (Maharashtra).
4. The Block Education Officer, Aurai, District- Muzaffarpur.
5. District Programme Officer, Establishment, Muzaffarpur.
6. Branch Manager, State Bank of India, Red Cross Building, Muzaffarpur.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : None
For the State : Mr. Bhanu Pratap Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 08-03-2021
Nobody appears on behalf of the petitioner. The Court
finds the situation to be unfortunate.
Patna High Court CR. MISC. No.18423 of 2018 dt.08-03-2021
2. Be that as it may, the Court has proceeded to hear Mr.
Bhanu Pratap Singh, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State.
3. The petitioner has moved the Court for the following
relief:
"That, this application on behalf of the
petitioner above named is for modification of the
order dated 12.04.2016 passed by His Lordship
Hon'ble Mr. Justice Ahsanuddin Amanullah "J" in
Criminal Revision No 1268 of 2011 (Ramdeo Sah
Versus- The State of Bihar and others), whereby and
where under His Lordship was pleased to direct the
Block Education Officer, Aurai, opposite party no. 4
from the salary of the opposite party no. 2 and paid
to the petitioner directly in his account every month
by modifying some extent to direct the District
Education Officer, Muzaffarpur and District
Programme Officer (Establishment), Muzaffarpur
to deduct the amount of Rs. 2,500/- from the salary
of the Opposite Party no. 2 and pay to the petitioner
directly in his account every month in place of the
Block Education Officer, Aurai."
4. In terms of order dated 17.02.2021, an affidavit has
been filed by the opposite party no. 5 bringing on record material
to show that the order dated 12.04.2016 passed in Cr. Revision
No. 1268 of 2011, has been fully complied with and the due
amount has been directly credited into the account of the
petitioner.
Patna High Court CR. MISC. No.18423 of 2018 dt.08-03-2021
5. As there is nothing to controvert the said position, the
Court can only presume that what has been stated in the affidavit
is correct.
6. In view thereof, the application stands disposed off
making it clear that till the time the order dated 12.04.2016 passed
in Cr. Revision No. 1268 of 2011 subsists, the concerned opposite
parties are responsible to ensure its timely compliance.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
