SHIVPUJAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS Court was not satisfied with the stand taken by the opposite parties earlier. Hence, by order dated 13th July, 2011 the concerned Chief Engineer was directed to discharge his responsibility and comply with the order of the writ court dated 20 -10 -2005. This Court clarified that petitioner's case had to be considered strictly on the basis of judgment of the writ court and the case law referred therein i.e. Tulsi Singh's case. The opposite parties were made aware that they should not undermine the judgment of the writ court on account of some later judgments of this Court or other Courts. Pursuant to the order dated 13th July, 2011, the concerned Chief Engineer of Water Resources Department has issued an office order dated 9 -8 -2011 which is annexure -B to the show cause filed by the present Chief Engineer.

(3.) A perusal of the office order contained in annexure -B shows that although decision in the case of writ petitioners and intervenors has been taken in accordance with the judgment of the writ court in Tulsi Singh's case, then available as good precedent, but the Chief Engineer has made his order, passed in favour of the petitioner, conditional. The first condition is that the order is in anticipation of post -facto approval or sanction by the Finance Department. The second condition is that the order shall be subject to decision of the Apex Court in a pending S.L.P.( C ) bearing no. 18380/08 filed by State of Bihar against Mahesh Bhagat and others.