← Library
Patna High CourtMJC/5173/2018dismissed

Shailesh Kumar Tiwary v. The State Of Bihar And ORS

2019-03-28Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5173 of 2018 In Civil Writ Jurisdiction Case No.16307 of 2013 ====================================================== Shailesh Kumar Tiwary son of Shivjee Tiwary resident of Village- Karmaiya, P.S. Moffassil, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Sri K.S. Dwivedi, the Director General/ Inspector General of Police Main Secretariat, Patna.

3.

Sri Suresh Chaudhary, the Deputy Inspector General Kosi Range (Koshi Division), Saharsa.

4.

Sri Sanjay Kumar, Superintendent of Police Madhepura. 5.

Sri Rahmat Ali, the Deputy Superintendent of Police Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 28-03-2019 Heard the parties.

2. This contempt petition has been filed for initiating contempt proceeding against opposite party No. 3 for his deliberate and willful violation of order dated 03.04.2018 passed

Patna High Court MJC No.5173 of 2018 dt.28-03-2019 2/3 by this Court in C.W.J.C. No. 16307 of 2013.

3. Petitioner had filed writ petition for setting aside the order of punishment by the disciplinary authority as well as the appellate authority. The appellate authority who dismissed the appeal of petitioner was also the disciplinary authority who passed the order of punishment against petitioner as a disciplinary authority and as such this Court set aside the order passed by the appellate authority as the same authority was also the disciplinary authority who imposed the punishment on petitioner and the matter was remanded to the appellate authority to pass a fresh order in accordance with law. A show cause has been filed on behalf of opposite party No. 3 in which it has been stated that in compliance of the order passed by High Court the learned D.I.G.

, Koshi Range, Saharsa duly considered and rejected the appeal of petitioner by order dated 27.09.2018 which has been annexed as Annexure-I to the show cause. From the show cause filed on behalf of opposite party No. 3 it appears that the directions passed by this Hon'ble Court has been complied by opposite party No.

Patna High Court MJC No.5173 of 2018 dt.28-03-2019 3/3 Annexure-I of show cause filed on behalf of opposite party No. 3 in accordance with law.

4. Contempt petition is disposed of.

(S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.04.2019 Transmission Date N.A.