Patna High CourtMJC/674/2015dismissed

Arbind Kumar Pandey v. The State Of Bihar And ORS

2017-04-26Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court MJC No.674 of 2015 (12) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.674 of 2015 In Civil Writ Jurisdiction Case No. 10756 of 2010 ======================================================

1. Arbind Kumar Pandey Son of Late Dewendra Pandey, Resident of Village-Sarafara, P.O.-Batardih, P.S.-Barauli, District-Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna, namely Mr. R.K. Mahajan.

3. The Director, Primary Education, Government of Bihar, Vikash Bhawan, Patna namely, Ram Sarhagat Singh.

4. The District Magistrate, Gopalganj, namely Krishna Mohan.

5. The Sub-Divisional Officer, Gopalganj, namely Riyaz Ahmad.

6. The District Superintendent of Education, Gopalganj, namely Ashok Kumar Singh (D.E.O.)

7. The Block Development Officer, Barauli, District-Gopalganj, namely Prasant Kumar

8. The Block Education Extension Officer, Barauli, District-Gopalganj, namely Suman Kumar.

9. The District Teacher Employment Appellate Authority, Gopalganj, namely Akhilesh Kumar

10. The Gram Panchayat Raj, Salempur (West), through its Secretary, i.e. Panchayat Secretary, namely Nagendra Yadav.

11. The Mukhiya, Gram Panchayat Raj, Salempur (West), Block-Barauli, District-Gopalganj, namely Santosh Kumar Singh

12. The Panchjayat Secretary, Gram Panchayat Raj, Salempur (West), Block-Barauli, District-Gopalganj, namely Nagendra Yadav.

13. Rakesh Kumar Son of Sursh Prasad, at present Panchayat Teacher, newly created Primary School, Barai Tola, Block-Barauli, DistrictGopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishnu Kant Dubey For the Respondent/s : Mr. S.K. Sharma- Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2017 A supplementary show cause reply has been filed on behalf of Opposite party No.2 from which it appears that this Court's order, violation of which is the subject matter of the

Patna High Court MJC No.674 of 2015 (12) dt.26-04-2017 present contempt proceeding, has been complied with. Learned counsel for the petitioner, while not disputing the fact that this Court's order has been implemented, submits that Opposite parties are yet in contempt and deserve to be punished therefor.

Considering the entire facts and circumstances and the materials on record, I am of the view that it will be an exercise in utility to proceed with the present contempt proceeding any further.

The contempt proceeding initiated against the Opposite parties stand dropped.

Reference may also be made to the order, dated 10.03.2017, passed in this case, whereby the Principal Secretary, Panchayati Raj, Government of Bihar, was asked to enquire into the conduct of the Mukhiya and Panchayat Secretary of the Gram Panchayat Raj Salempur West (Barauli). The Principal Secretary, if he has started an enquiry into the conduct of the said Mukhiya and the Panchayat Secretary of the said Gram Panchayat Raj, shall consider the present order, whereby contempt proceeding against them have been dropped.

(Chakradhari Sharan Singh, J) ArunKumar/- U