Patna High CourtMJC/44/2015disposed

Jitendra Kumar Lal v. The State Of Bihar And ORS

2015-08-26Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.44 of 2015 In Civil Writ Jurisdiction Case No. 4486 of 2008 ====================================================== Jitendra Kumar Lal, son of Late Bijendra Narayan Lal, resident of Mohalla Azam Nagar, Police Station Azam Nagar, District Katihar .... .... Petitioner

Versus

1. The State of Bihar, through Mr. Abhay Kumar Singh, District Magistrate, Patna.

2. The State Bank of India through Sri Ajit Sood, the Chief General Manager, 7th Floor, Local Head Office, State Bank of India, West Gandhi Maidan, Patna

3. Sri Kaushal Kishore, the Dy. General Manager - cum - Appellate Authority, State Bank of India, Zonal Office, Purnia

4. Sri Amal Kumar Aditya, the Assistant General Manager- cum - Disciplinary Authority (Region - III), State Bank of India, Zonal Office, Purnia

5. Sri Shailesh Kumar, the Chief Manager - cum - Enquiry Officer, State Bank of India, Katihar Branch, Katihar.

6. Ajay Kumar Jha, the Branch Manager, State Bank of India, Panighata Branch (under Zonal Office Purnia), District - Katihar

7. Rajiv Kumar Pathak, the Branch Manager, State Bank of India, Tribeniganj under Zonal Office, Purnia, District- Supaul. .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha For the Respondent/s : Mr. S.D.Sanjay ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-08-2015 Heard Sri Aditya Narayan Singh, learned counsel, who was assisted by Sri Kundan Kumar Sinha, learned counsel for the petitioner and Sri S.D.Sanjay, learned counsel, who has appeared on behalf of Respondent nos. 2 to 7/ officials of State Bank of India.

The present petition has been filed with a prayer to

Patna High Court MJC No.44 of 2015 (5) dt.26-08-2015 2/3 initiate contempt proceeding against Opp.Parties on an allegation of wilful disobedience to an order dated 09.09.2013 passed in C.W.J.C.No.4486 of 2008.

After filing of the present petition, a show cause was earlier filed on behalf of Opp.Party nos. 2 to 7, wherein it was indicated that Opp.Parties have preferred an appeal vide L.P.A. No.346 of 2014 against the order of the writ court. Since by the appellate court there was no order of stay, the present case was adjourned to enable Sri S.D.Sanjay, learned counsel for Opp.Parties to get instruction either regarding implementation of the order or production of any order of stay. This Court, thereafter, noticed that there was non-appearance on behalf of the Bank, on the last date i.e. 29.07.2015. Due to non-appearance on behalf of the Bank this Court directed for issuance of notice to Opp.Party no.2 for his personal appearance. Thereafter, a show cause on behalf of Opp.Party no.

2 has been filed, wherein a prayer has been made to dispense with personal appearance of Opp.Party no.2 due to the reason that in relation to some public interest scheme, he is required to attend a meeting.

Patna High Court MJC No.44 of 2015 (5) dt.26-08-2015 3/3 the petitioner. This fact has been stated in paragraph-5 of the show cause, which was filed on 25th August, 2015.

Sri Singh, learned counsel for the petitioner accepts that the order of the writ court has already been complied with. Accordingly, the proceeding stands dropped. The petition is disposed of.

(Rakesh Kumar, J) NKS/- U