Mira Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9508 of 2014 ======================================================
1. Mira Devi, wife of Late Sidheswar Prasad, resident of Mohalla: Station Road, Bazar Barh, Ward No.14, P.O. & P.S. Barh, District Patna.
2. Niranjan Kumar, son of Late Sidheswar Prasad, resident of Mohalla: Station Road, Bazar Barh, Ward No.14 P.O. & P.S. Barh, District: Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Public Relation Department Old Secretariat Building, Patna.
2. The Secretary, Public Relation Department, Old Secretariat Building, Patna
3. The Director, Public Relation Department, Old Secretariat Building, Patna.
.... .... Respondent/s
4. Manoranjan Kumar Sinha, son of Late Sidheshwar Prasad, resident of Mohalla: Station Road, Bazar Barh, Ward No.14, P.O. & P.S.: Barh, District: Patna.
5. Madhuri Kumari @ Madhuri Bahadur, wife of Shree Rai Anand Mohan Bahadur, resident of Mohalla: Anapurna Niwas, behind Sonu Market, Ram Jaipal Nagar, Gola Road, Bailey Road, P.S. Rupaspur, District: Patna.
6. Snehlata Sinha, wife of Shree Arun Kumar Sinha, resident of Mohalla behind Bye-pass, Central School, New Jaganpura, near Jagat Market, P.S.: Kankarbagh, District: Patna.
7. Deepa Sinha, wife of Shree Binod Kumar Sinha, resident of Mohalla: Bakarganj, Daldali Road, Jang Bahadur Niwas, Rampiyari Kunwar Hall, Biscuit Factory, P.S.: Gandhi Maidan, District: Patna.
8. Kiran Kumari, wife of Rajesh Ranjan Sahay, resident of Sahay Sadan, Lakhmi Bigha, Khagaul, P.S. Danapur, District: Patna. ........Performa Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Shankar Prasad For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2017 Heard both sides.
The petitioners have filed this writ petition for a direction to the respondent Nos.2 and 3 to dispose of the representation of the petitioner filed in pursuance of order dated
07.07.2011 in L.P.A. No.1488 of 2010.
The petitioner earlier filed CWJC No.16746 of 2008 praying for promotion as Additional District Public Relation Officer w.e.f. 1973. The Single Bench dismissed the writ petition of the petitioner on the ground of latches because the petitioner filed the writ petition in the year 2008 for promotion on the post of Additional District Public Relation Officer w.e.f. 1973. The petitioner retired in the year 1987. After 20 years from the date of retirement, the petitioner filed the writ petition and on that ground, the writ petition was dismissed as the claim of the petitioner was found stale. The petitioner preferred L.P.A. L.P.A. which was disposed of by the order dated 07.07.2011 with a direction to the appellant to file representation to the authority who shall dispose of the representation. Again, the petitioner filed M.J.C. No.
4474 of 2012 and Division Bench of this Court vide order dated 25.10.2013 dismissed the contempt petition that the L.P.A. Court did not give any positive direction nor directed any particular officer to dispose of the representation of the petitioner. A vague direction could not make any officer answerable for contempt of Court and there cannot be a vicarious liability for contempt of Court. Accordingly, the contempt petition was dismissed.
particular officer to dispose of the representation of the petitioner. It appears that claim of the petitioner is itself stale, therefore, I do not find any merit in this writ petition. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/- U