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2008 DIGILAW 1206 (PAT)

Binod Bhushan Seth v. State of Bihar

2008-08-20

NAVIN SINHA

body2008
ORDER : 1. Heard learned counsel for the petitioner and the Opposite Parties. 2. The ORDER :on the writ petition to consider the case of the petitioner for grant of junior selection grade from the date that his juniors were granted such promotion with consequential monetary benefits stands complied. 3. The second part of the ORDER :on the writ petition was costs of Rs. 10,000/- payable to the petitioner. This ORDER :was passed on 6.7.2006. The ORDER :s for which no time is specified are to be implemented forthwith. Even if benefit of the time granted to consider the case for promotion is given to the Opposite Parties, the costs should have been paid within six weeks. 4. A supplementary affidavit has been filed on behalf of the petitioner today. The State Government belatedly sanctioned the amount on 6.2.2007. That is not the concern of the Court, if the State Government chooses to move on its own leisure in compliance of the Court's ORDER :. Even the Accountant General has communicated and directed compliance of the payment of costs on 2.3.2007. This part of the ORDER :remains uncompleted. 5. Non-compliance makes out a clear case of contempt. The Court, however, refrains from proceeding on contempt as it would only generate multiplicity of proceedings and impose further litigation burden on the Court generated by the Opposite Parties without any explanation worth the name for generating it. 6. This Court considers it proper to enhance the costs from Rs. 10,000/- to Rs. 20,000/- with interest @ 5%. The amount of costs alongwith the interest to be computed from the date of receipt and/or production of a copy of the ORDER :dated 6.7.2006 in CWJC No. 3675 of 2001 till the date of payment. The amount of costs alongwith interest must be paid by the State Government within a maximum period of four weeks, if not earlier, from the date of receipt and/or production of a copy of this ORDER :. 7. The coffers of the State which consists of public fund cannot be allowed to be wasted away at the behest of such persons who choose to litigate at leisure at the taxpayer's expenses. The amount must be recovered from their personal salary. 8. 7. The coffers of the State which consists of public fund cannot be allowed to be wasted away at the behest of such persons who choose to litigate at leisure at the taxpayer's expenses. The amount must be recovered from their personal salary. 8. Let the State Government recover the entire amount of costs with interest alongwith expenses incurred by the State Government in the present proceedings while contesting the matter before the present Court including the writ petition be recovered from the salary of the erring Officer after fixing responsibility. Let such enquiry be completed and recovery effected within a maximum period of eight weeks from the date of such payment made to the petitioner. 9. Let an affidavit of compliance be then filed by the Chief Secretary of the State of Bihar for perusal of the Court, when the matter shall be appropriately listed. 10. The application stands disposed.