Hasbun Nisha vs Bihar State Road Transport Corporation and Another

Tapen Sen, J.—Heard Mr. Sanjay Kumar Pandey, learned counsel for the petitioner and Mr. S.N. Pathak, learned counsel for the Bihar State Road Transport Corporation.

The petitioner in the instant case prays for initiation of contempt proceeding against the opposite parties for disobeying the Order dated 17.2.1997 passed by an Hon''ble Single Judge in C.W.J.C. No. 489 of 1996. According to the petitioner, the full amount of his post retiral dues have not been paid till now.

During the course of arguments. Dr. S.N. Pathak submitted that the matter relating to revival of B.S.R.T.C. is being monitoring by the Hon''ble Supreme Court of India and Orders from time to time are being issued. He draws attention of this Court to an Order passed on 31.3.2003 in C.W.J.C. No. 2453 of 1996 [see Md. Talib Siddiquee Vs. Bihar State Road Transport Corporation and Others, which reads'' as follows : (JCR p. 155)

"2. During the course of arguments. Mr. P.P.N. Roy, learned counsel for the respondents has submitted that the matter relating to revival of the Bihar State Road Transport Corporation is being monitored by the Hon''ble Supreme Court of India and certain orders from time to time are being passed in relation thereto. He has further stated that in that view of the matter and also taking into consideration the order dated 16.4.2001 passed by the Hon''ble Supreme Court, this Court should not pass any order inconsistent with the orders of the Apex Court. Mr. P.P.N. Roy, learned counsel for the respondents has produced the said order dated 16.4.2001 passed in Civil Appeal No. 7290 for perusal of this Court and it reads as follows;

"Upon hearing counsel the Court made the following:

Order

Issue notice to State of Jharkhand.

Inasmuch as this Court has been monitoring the entire scheme to be implemented in relation to the reorganisation of Bihar State Road Transport Corporation and issuing directions and now more than one case is involved in it, we think it appropriate for the High Courts not to pass any orders inconsistent with the order made by this Court. In the circumstances, if any order has been passed for withholding the salary of the Administrator of the said Corporation, the same shall stand stayed. It is also made clear that the High Court of Jharkhand or High Court of Patna shall not pass any order inconsistent with the order make by this Court."

Taking the aforementioned facts into consideration also the directions stated above, this Court refrains from giving any positive order in favour of the petitioner at this stage and only records that if the petitioner approaches the respondent Corporation and makes an application, the respondents shall do the needful in such manner that the same is consistent with the orders of the Hon''ble Supreme Court of India.

With the aforesaid observations and directions, this Writ Petition stand disposed off. There shall however be no order as to costs.