Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.62 of 2020 In Miscellaneous Jurisdiction Case No.3672 of 2017 ====================================================== Kishore Prasad S/o Bharat Sah Resident of Village and P.O.- Basdila Bazar, P.S. and Dist- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar at Patna namely Sri Deepak Kumar.

2.

Mr. Vyas Jee The Principal Secretary Health Services Department, Bihar at Patna.

3.

Dr. Shatrughan Prasad The Health Commissioner Cum Secretary Department of Health Medical Education and Family Welfare Bihar at Patna.

4.

Dr. K.P. Sinha, The Director in Chief Health Services Govt. of Bihar at Patna.

5.

Dr. M.P. Sharma The Chief Maleriya Officer Bihar at Patna. 6.

Dr. Upendra Kumar, The Deputy Regional Director Health Services Saran at Chapra.

7.

Sri Arshad Aziz, The Collector Gopalganj at Gopalganj. 8.

Dr. M.P. Sharma, The Civil Surgeon cum Chief Medical Officer, Gopalganj. 9.

Dr. Harendra Prasad Singh, The District Maleriya Officer, Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Advocate Mr. Jitendra Kumar Shrivastwa, Advocate For the Opposite Party/s :

Mr. Ajay Behari Sinha, GA-8 Mr. Upendra Kumar Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-03-2025 Heard the parties.

2. The present application is filed for initiation of a contempt proceeding against the opposite parties for their willful disobedience of the order dated 06.09.2019, passed by a Bench of this Court in MJC No. 3672 of 2017.

Patna High Court MJC No.62 of 2020(2) dt.07-03-2025 2/3

3. Learned Senior Advocate referring to the order under contempt has vehemently contended that the Collector, Gopalganj has extended the undertaking before this Court that steps shall be taken of calling for the vacancy position from the various departments in the district and thereafter, a common roster shall be prepared from which appointment shall be made, which would take a few months. The contempt petition also came to be disposed off with an expectation that the application of the petitioner shall bring to its logical conclusion, within a reasonable period of time. Despite the order having been passed long back on 06.09.2019, when the order of this Court has not been given effect to, the petitioner compelled to approach before this Court by filing the present contempt petition.

4. A supplementary show-cause affidavit has been filed. It has been informed to this Court that the claim of the petitioner was duly considered in the light of the resolution no. 639 dated 16.03.2006 of the State Government and on being found no merit in the claim of the petitioner, the same came to be dismissed by a reasoned and speaking order on 27.09.2021, the copy of which is placed on record as Annexure-C to the supplementary show-cause affidavit.

5. In view of the aforesaid facts, this Court does not

Patna High Court MJC No.62 of 2020(2) dt.07-03-2025 3/3 find any reason to continue with the contempt proceeding. Accordingly, the contempt proceeding stands closed with a liberty to the petitioner to assail the order, if so advised. (Harish Kumar, J) shivank/- U