IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.896 of 2005 RAJESH KUMAR Versus SHRI K.A.H.SUBRAMANIUM & ORS ----------- For the petitioner : Mr. Surendra Kumar For the Opp. Parties: Mr. D.P.Chaudhary, SC --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 8th July, 2008 We heard the counsel for the petitioner. The grievance is that the order dated 24th March, 1999 has been violated by the respondents. The relevant portion of the order dated 24th March, 1999 reads thus: “In that view of the matter, this court directs the respondent to pass such order, if not already passed, and pay subsistence allowance to the petitioner on a month to month basis till his suspension continues.” In response to the notice, the opposite party no.4 has shown cause with affidavit. Paragraph nos. 5 to 10 are relevant for that purpose and are quoted here-in-below: “That in fact the petitioner had not been put under suspension but the deponent in compliance of the order of this Hon’ble Court directed the I/c Medical Officer, Supaul to comply the order of this Hon’ble Court and he also put the petitioner under suspension as is evident 2 from letter dated 20.5.99 bearing no.168. That the Director, Health Services, Bihar, Patna issued a letter dated 16.8.99 contained in memo no.973(23) by which he directed that the appointment of the petitioner is quite forged and fabricated and he has been and has been appointed by way of forged transfer from Godda to Saharsa and as such he was neither entitled for payment of salary nor any subsistence allowance. The Director, Health services, Bihar, Patna specifically mentioned in his letter that the then Deputy Director (Admn.), the Director, Health Services Bihar, Patna has not made any appointment of any non-gazetted officer within 8 years of his tenure and hence the Director-in-Chief directed to institute FIR against those officers/employees who were involved in making such forged appointment. That it is relevant to state here that the petitioner is also facing criminal prosecution u/s 420, 467, 468, 471 I.P.C. being Tribeniganj P.S. Case no.117/96 for committing cheating and forgery. In the aforesaid case charge-sheet has already been submitted against the petitioner u/s 420, 467, 468, 471 & 120B of the I.P.C. and the same is being pending for trial in the court of Sri H.Prasad J.M., Ist Class, Saharsa. That it is relevant to state here that the petitioner again filed another writ application being CWJC. No.897/2000 praying therein for the same relief i.e., payment of subsistence allowance as well as challenging the order dated 16.8.99. That in the said case a counter affidavit was filed by the Civil Surgeon –cum-Chief Medical Officer wherein the entire fact of forgery committed by the petitioner was brought in the counter affidavit. In the subsequent writ application the petitioner suppressed the material fact regarding the earlier writ application filed by him bearing CWJC. No.4083/98. That the said writ application was permitted to be dismissed as withdrawn by Hon’ble Mr. Justice C.K.Prasad on 10.2.2005 as the Hon’ble Court was not inclined to interfere in the said matter having no merit and substance.” In view of the cause that has been shown by the 3 opposite party no.4, it cannot be held that there is any deliberate disobedience of the order dated 24th March, 1999. MJC is dismissed, accordingly. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/