State Of Bihar vs Suryadeo Prasad Tewary .

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7029 OF 2009

STATE OF BIHAR & ORS. Appellant(s)

VERSUS

SURYADEO PRASAD TEWARY & ORS. Respondent(s)

WITH

SPECIAL LEAVE PETITION (C) NO. 183 OF 2009

J U D G M E N T

KURIAN, J.

CIVIL APPEAL NO. 7029 OF 2009

1. We are informed that Mr. Pashupati Nath Sinha,

who is admittedly junior to Respondent No. 1, has

been granted the financial benefits. The learned

counsel for the appellants submits that the

disbursement of the benefits is pursuant to the order

passed in contempt proceedings before the High Court.

2. Be that as it may, that order has become final.

The junior having thus enjoyed the benefits and

denying the same to admittedly senior, namely

Respondent No.1 is not proper and fair.

3. In that view of the matter, the appeal is

dismissed. It is directed that the amount lying in Signature Not Verified deposit in the Registry of this Court shall be Digitally signed by JAYANT KUMAR ARORA Date: 2017.05.05 12:22:49 IST Reason: immediately disbursed to Respondent No. 1 along with

accrued interest.

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4. It is made clear that this Judgment is passed in

the peculiar facts of this case and, therefore, need

not be treated as a precedent.

5. Pending interlocutory applications, if any, stand

disposed of.

SPECIAL LEAVE PETITION (C) NO. 183 OF 2009

1. Delay condoned.

2. Application for substitution is allowed.

3. In view of the Judgment passed in Civil Appeal

No. 7029 of 2009 above, this Special Leave Petition

is dismissed. It is directed that the benefits due

to the legal representative(s) of the first

respondent shall be computed and disbursed within a

period of 12 weeks from today. It is made clear that

in case the amount is not disbursed within the

stipulated time, the legal representative(s) shall be

entitled to interest at the rate of 12% and the

officer(s) responsible for the delay shall be

personally liable for the same.

4. Pending interlocutory applications, if any, stand

disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

April 28, 2017.

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ITEM NO.59 COURT NO.6 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 7029/2009

STATE OF BIHAR & ORS. Appellant(s)

VERSUS

SURYADEO PRASAD TEWARY & ORS. Respondent(s)

(with appln. (s) for directions and office report)

WITH

SLP(C) No. 183/2009 (With appln for c/delay in filing SLP and Interim Relief and Office Report)

Date : 28/04/2017 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

Counsel for the parties Mr. S. B. Upadhyay, Sr. Adv.

Ms. Kumud Lata Das, Adv.

Mr. Y. K. S. Chauhan, Adv.

Mr. Nagendra Rai, Sr. Adv.

Mr. Abhay Prakash Sahay, Adv. Mr. Amit Kishore Sinha, Adv.

Mr. Arun Kumar Mishra, Adv.

Mr. Jamnesh Kumar, Adv.

Mr. Himanshu Shekhar, Adv.

Mr. Gopal Singh, Adv.

Mr. Rituraj Biswas, Adv.

Mr. Shivam Singh, Adv.

Ms. Sushma Suri, Adv.

UPON hearing counsel the Court made the following O R D E R

Civil Appeal No.7029 of 2009 and SLP (C) No.183 of 2009 are

dismissed in terms of the signed non-reportable Judgment 4

Pending interlocutory applications, if any, stand disposed

of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file)