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Patna High CourtMJC/188/2019disposed

Anil Kumar Singh v. The State Of Bihar And ORS

2025-03-27Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.188 of 2019 In Civil Writ Jurisdiction Case No.5993 of 2017 ====================================================== Anil kumar singh son of Sri Jagrup Singh, Resident of Village- Pakratola, Post- Kadwa Diyara, P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary namely, R.K. Mahajan, Education Department, Government of Bihar, Old Secretariat, Patna. 2.

Mr. Rajesh Kumar, The Commissioner, Bhagalpur Division, Bhagalpur. 3.

Mr. Pranav Kumar, District Magistrate, Bhagalpur, District- Bhagalpur. 4.

Mr. Madhusan Paswan (I.C.), The District-Education Officer, Bhagalpur District- Bhagalpur.

5.

Mr. Budhnath Ram, The District Programme Officer, Bhagalpur, DistrictBhagalpur. 6.

Mr. Kundan Kumar, The Block Development Officer, Naugachia Anchal, District- Bhagalpur.

7.

Mr. Guru Dayal, The Head Master, Madhya Vidyalaya, Pakra Basa, AnchalNaugachia, District- Bhagalpur. 8.

Mr. Maheshwar Kumar, The Head Master, Madhya Vidyalaya, Sahu Parbatta, Anchal- Naugachia, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar Pandey, Advocate Ms. Neeti Neha, Advocate For the State :

Mr. Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 27-03-2025 This contempt petition has been filed alleging violation of the order dated 06.02.2018 passed in C.W.J.C. No. 5993 of 2017, wherein this Court had passed the following order:

"Considering the facts that the respondents have not filed any counter affidavit in this case despite opportunity granted by this Court and

Patna High Court MJC No.188 of 2019(2) dt.27-03-2025 2/3 the fact that the petitioner has already joined the place of posting on transfer, dated 02.03.2017, the writ application is disposed of with liberty to the petitioner to file exhaustive representation before the District Programme Officer (Establishment), Bhagalpur. In case such representation is filed, along with the copy of the order of this Court, the respondent-District Programme Officer (Establishment), Bhagalpur, is required to consider the representation and if it found that the order of transfer is contrary to the Rules, the District Programme Officer (Establishment) is required to pass the corrective order within a period of sixty days, from the date of receipt/production of a copy of this order."

2. Opposite party No.5 / The District Programme Officer, Bhagalpur has filed the show cause, wherein, in paragraph Nos.5 and 6 it has been stated as under: "5. That it is humbly submitted and stated that in compliance of the aforesaid order of the Hon'ble Court, the petitioner submitted representation on 24.02.2018.

6. That thereafter answering opposite party considered the petitioner's representation as well as other relevant aspects and then passed the order as contained in memo no. 1110 dated 04.05.2018 directing the Block Development

Patna High Court MJC No.188 of 2019(2) dt.27-03-2025 3/3 Officer, Naugachia to ensure petitioner's joining at original school immediately."

3. On perusal of paragraph Nos.5 and 6 of the show cause filed by the Opposite party No.5 / The District Programme Officer, Bhagalpur, which is extracted hereinabove, I find that the order dated 06.02.2018 passed in C.W.J.C. No. 5993 of 2017 has been complied with by the opposite party No.5.

4. Accordingly, the contempt petition stands closed and disposed of.

(Nani Tagia, J) Narendra/- U