Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1110 of 2020 In Civil Writ Jurisdiction Case No.19815 of 2018 ====================================================== Sanjay Kumar, son of Late Phuldeo Prasad, resident of Village - Maldah, P.S. - Barbigha, Town and District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Prohibition, Excise and Registration Govt. of Bihar, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

2.

Sri Amir Subhani, the Secretary, Department of Prohibition, Excise and Registration, Govt. of Bihar, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

3.

Sri Vinay Kumar, Joint Secretary, Department of Prohibition, Excise and Registration, Govt. of Bihar.

4.

Sri Keshav Ranjan Prasad, the Secretary, Bihar Public Service Commissioner, Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Abhinav Srivastava Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. P.N. Shahi, AAG-6 For the B.P.S.C :

Mr. Devendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-08-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions. A supplementary show-cause reply has been filed on behalf of the opposite parties (State of Bihar and its officials) from which, it transpires that the order of this Court, defiance of which has been alleged in the present contempt petition, has substantially been complied with, with the issuance of the order dated

Patna High Court MJC No.1110 of 2020(8) dt.25-08-2021 2/3 19.08.2021 whereby the petitioner has been reinstated in service with an order that he shall be entitled to all consequential benefits as directed by this Court, though subject to outcome of the letters patent appeal preferred against the said order. It goes without saying that the opposite parties shall proceed to act in accordance with the order passed in compliance of this court's order. The order issued in compliance of this court's order has been brought on record by way of Annexure-J to the supplementary show-cause reply.

After having gone through the averments made in the supplementary show-cause reply, in the Court's opinion, no case of deliberate disobedience of this Court's order is made out, requiring this Court to proceed under the contempt jurisdiction of this Court. Accordingly, this contempt proceeding stands dropped. Let a copy of the supplementary show-cause reply filed on behalf of the State of Bihar be communicated to Mr. Devendra Kumar Sinha, learned

Patna High Court MJC No.1110 of 2020(8) dt.25-08-2021 3/3 senior counsel representing Bihar Public Service Commission.

(Chakradhari Sharan Singh, J) Shageer/- U