K. K. Pathak Vs Ravi Shankar Prasad And Ors (Patna High Court)
Patna: The Patna High Court has dismissed an application filed by Mr. K. K. Pathak, a former Principal Secretary of the Department of Registration, Excise and Prohibition, Government of Bihar, seeking modification of an earlier court order. Mr. Pathak’s application specifically targeted observations in the High Court’s order dated August 28, 2018, which suggested that the cost imposed on the State for filing “whimsical” criminal cases against bank officials could be recovered from him, and that the State should consider taking action against him.
The original order of August 28, 2018, passed in a writ petition (Cr. W.J.C No. 431 of 2016) filed by bank officials, had quashed the First Information Reports (FIRs) lodged against them. The High Court had found the prosecution to be baseless and a result of a “whimsical act” by the then Principal Secretary (Mr. Pathak), which caused harassment to the bank officials. Consequently, the court directed the State Government to pay a cost of rS.25,000 to each of the petitioners. It was in paragraphs 34 and 35 of this order that the court made the observations about the possibility of recovering the cost from Mr. Pathak and suggested that the State Government examine his conduct for potential action.
