Sunil Kumar v. The State Of Bihar Through R. K. Mahajan, Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4072 of 2018 In Civil Writ Jurisdiction Case No.8082 of 2017 ====================================================== Sunil Kumar Son of Late Ram Kailash Bhagat, Resident of Village-Fazilpur, P.O.-Kandpakad, P.S.-Asaav, District-Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar through R. K. Mahajan, Principal Secretary, Primary Secondary and Adult Education Department, Government of Bihar, Patna. 2.

Sri Milan Kumar Sinha, Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna.

3.

Sri B.D. Mahajan, Special Director (Secondary Education Sanskrit), Government of Bihar, Patna.

4.

Smt. Ranjeeta, District Magistrate, Siwan.

5.

Sri Rameshwar Singh, District Education Officer, Siwan. 6.

Sri Amrendra Mishra, District Programme Officer, Siwan. 7.

Smt. Phul Kumari Devi Wife of Sunil Kumar, Resident of Village, Secretary, School Managing Committee, Devi Marchhiya Sanskrit High School, Village- Fazilpur, P.O.- Kandhpakad, P.S. Asaav, District- Siwan. 8.

Manju Devi, Wife of Kamalsen Mani Tripathi, Principal, Devi Marchhiya Sankrit High School, Village- Fazilpur, P.O.- Kandhpakad, P.S. Asaav, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Yogesh Kumar, Advocate For the Board :

Mr. S.S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2022 Learned counsel for the petitioner admits that the opposite parties have proceeded in the light of this Court's order dated 19.01.2018, passed in CWJC No. 8082 of 2017, but till date, no final decision has been taken. Following was the order passed by this Court :-

Patna High Court MJC No.4072 of 2018(4) dt.23-02-2022 2/3 "The petitioner seeks a direction to the respondent to initiate and take appropriate action against the concerned District Programme Officer, Siwan and other persons responsible for withdrawal of the fund of Devi Marchhiya Sanskrit High School, Fazilpur, Siwan despite an interim order passed by this Court on such withdrawal.

From the writ application itself, it appears that the District Education Officer has issued show cause notices to District Programme Officer and the Principal of Devi Marchhiya Sanskrit High School. The petitioner is working as clerk in the said school. It is difficult to say in view of the facts asserted, whether filing of this application is out of vengeance.

Learned counsel for the petitioner has however, submitted that it was because of misdeeds of those persons that he was ousted from the school and his position was restored only after this Court intervened where after, the Special Director, Secondary Education passed an order in Appeal No. 07 of 2007 vide order dated 06.07.2011.

Considering the facts and circumstances of this case, I dispose of this writ application with a direction to District Magistrate, Siwan to look into consequences of the decision of the Special Director (Secondary Education Sanskrit), Government of Bihar dated 06.07.2011 and other attending circumstances

Patna High Court MJC No.4072 of 2018(4) dt.23-02-2022 3/3 and proceed accordingly thereafter, in accordance with law against the concerned persons."

In my view, no case of deliberate disobedience of this Court's order is made out. The contempt proceeding stands dropped accordingly.

(Chakradhari Sharan Singh, J) K.K.RAO/- U