Rajendra Prasad v. The State Of Bihar Through The Principal Secretary Department Of Education, Government Of Bihar, Ne
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4345 of 2016 In Civil Writ Jurisdiction Case No. 6515 of 2011 ====================================================== Rajendra Prasad, son of Late Baijnath Singh, Resident of Village - Kandopur, Post Office & P.S. - Giriyak, District - Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar through Mr. D.S. Gangwar, the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.
2. Dr. Khalid Mirza, Director, Higher Education , Department of Education Government of Bihar, New Secretariat, Patna
3. Md. Ishtiyaque, Vice-Chancellor, Magadh University, Bodh Gaya, Gaya.
4. Mr. Sita Ram Singh, the Registrar, Magadh University, Bodh Gaya, Gaya.
5. Mr. Anil Kumar Singh, the Finance Officer, Magadh University, Bodh - Gaya, Gaya.
6. Dr.(Prof.) Subhash Prasad Sinha, the Principal, J.D. Women's College, Patna.
.... .... opposite party /s ====================================================== Appearance :
For the Petitioner/s : Mr. Ugranath Mallik For the opposite party /s : AC to AAG No. 14 Shivendra Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-08-2017 By order dated 26.07.2017 it was directed to issue bailable warrant of arrest against Registrar of the Magadh University for ensuring his appearance . Pursuant to the said order the Registrar of the Magadh University namely Sri Nalin Kumar Shastri , has appeared by executing bail bond. Heard Sri Ugranath Mallick, learned counsel for the petitioner , learned AC to AAG No. 14 and Sri Shivendra Kishore, learned counsel assisted by Sri Ritesh Kumar , learned
Patna High Court MJC No.4345 of 2016 (6) dt.09-08-2017 2/3 counsel for Magadh University who has appeared on behalf of Registrar of the Magadh University.
The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an order dated 9.2.2016 passed in CWJC No. 6515 of 2011.
At the very outset it was submitted by Shivendra Kishore, learned counsel for Magadh University that order of the writ court has already been complied in its letter and spirit and in compliance with the order of the writ court reasoned order has been passed by the Registrar which has been brought on record as Annexure -A to the show cause filed on behalf of the Registrar of the Magadh University on 7th August 2017.
Learned counsel for the petitioner tried to persuade the court that Registrar though had shown compliance of the order has virtually passed an incorrect order which requires interference.
I have perused my order dated 9.2.2016 passed in CWJC No. 6515 of 2011 whereby direction was given to Registrar of the Magadh University to examine the representation and pass reasoned order. Of course delay has occurred but now order has already been complied and the opposite party no. 4 has
Patna High Court MJC No.4345 of 2016 (6) dt.09-08-2017 3/3 tendered unqualified apology.
Considering the fact that in compliance with the order the Registrar of the Magadh University has passed order there is no reason to further proceed with matter. So far submission of learned counsel for the petitioner that order ( i.e. Annexure -A to the show cause ) is incorrect or illegal, the court is of the opinion that while exercising contempt jurisdiction this court may not examine correctness of the order. That can be examined in appropriate proceeding at least not in contempt proceeding. According the proceeding stands dropped. Registrar of the Magadh University is discharged from liability of bail bond. The petition stands disposed of.
(Rakesh Kumar, J) Praful/- U