Patna High Court
The Managing Director, Bihar State ... vs Udeshwar Kamti on 22 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.422 of 2018
In
Civil Writ Jurisdiction Case No.15956 of 2013
======================================================
The Managing Director, Bihar State Credit And Investment Corporation
Limited Indira Bhawan, 4th Floor Ram Charitra Singh Path, Town and
District Patna.
... ... Appellant/s
Versus
1. Udeshwar Kamti son of Late Maini Kamti, Permanent village and Post-
Haripur Dih Tola, P.S. Kaluahi, District- Madhubani.
2. The State of Bihar through Principal Secretary, Department of Industries,
Government of Bihar-cum-Chairman, Bihar State Credit and Investment
Corporation Limited.
3. Bihar State Credit and Investment Corporation Limited having its office
situated at Indira Bhawan, 4th Floor, Ram Charitra Singh Path, P.O. G.P.O.,
P.S. Sri Krishnapuri, Town and District-Patna, through its Managing
Director.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nirmal Kumar, Advocate
For the Respondent/s : Mr. Manish Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 22-01-2024
The present LPA filed on behalf of the Bihar State Credit
and Investment Corporation Limited (hereinafter referred to as
'Corporation') is arising out of order dated 11.12.2017 passed in
CWJC No. 15956 of 2013.
Patna High Court L.P.A No.422 of 2018 dt.22-01-2024
2/3
2. Respondent - Udeshwar Kamti was
dismissed/terminated from service on 15.10.2004. It was subject
matter of litigation before this Court in CWJC No. 9037 of 2005
and it was allowed on 23.09.2008 while asking the disciplinary
authority to hold inquiry. However, it was made an observation
that he shall be continued to be remained under suspension.
Thereafter, on 30.10.2009 he was exonerated in departmental
inquiry. In this backdrop, the petitioner filed CWJC No. 15956 of
2013 claiming monetary benefits during the intervening period
from the date of suspension/date of termination till his attaining
age of superannuation on 31.10.2009 (if he was in service as on
31.10.2009
). In other words, the intervening period arising out of
suspension till exoneration is required to be regulated. Further,
certain period from termination dated 15.10.2004 till set aside.
3. The learned Single Judge proceeded to allow the
respondent's CWJC No. 15956 of 2013 on 11.12.2017 to the
extent of awarding 65 % of back wages and it shall be paid within
a period of three months. It was affirmed by the Division Bench in
LPA No. 360 of 2018 decided on 13.04.2018, and it was filed by
the Respondent - Udeshwar Kamti. In view of these facts and
circumstances, the present LPA stands dismissed in the light of the
Patna High Court L.P.A No.422 of 2018 dt.22-01-2024
order dated 11.12.2017 passed in CWJC No. 15956 of 2013 read
with order dated 13.04.2018 passed in LPA No. 360 of 2018.
4. Pending I.A.(s), if any, stand disposed of.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.01.2024
Transmission Date NA
