Shwetamber Jha v. The State Of Bihar And ORS

Patna High Court MJC No.1244 of 2017 (7) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1244 of 2017 In Civil Writ Jurisdiction Case No. 13472 of 2016 ====================================================== Shwetamber Jha, Son of Late Digamber Jha, Resident of Village- Koilakh, P.S.- Raj Nagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. T.N. Bindeshwari, the Commissioner, Koshi Division Saharsa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Maya Shankar Mishra, Adv. For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG- 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-12-2017 Heard the parties.

While disposing of the writ petition the Commissioner, Koshi Division, Saharsa was directed to consider the statutory appeal filed by the petitioner against his compulsory retirement and to dispose of the same within a period of 3 months from the date of receipt/production of a copy of the order. The order not being complied, that the contempt application has been filed. A show cause is filed enclosing the order dated 23.11.2017 of the Commissioner, Koshi Division, Saharsa, whereby the appeal has been dismissed.

In the circumstances, while granting leave to the petitioner, if so aggrieved, to question the order of the Commissioner, Koshi Divison, Saharsa passed in Service Appeal No.97 of 2016 before an appropriate forum by filing an appropriate application, the contempt application is disposed of.

(Jyoti Saran, J) SKPathak/- U