Nageshwar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.368 of 2014 In C.W.J.C No. 12672 of 2013 ====================================================== Nageshwar Paswan S/O Sri Bindeshwar Paswan Resident Of Village Berthu, P.O. Supai, P.S. Tehta (Makhdumpur), District Jehanabad, At Present Residing At Mahavir Lane, Musallahpur, Patna-800004. .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Deepak Prasad S/O Not Known Principal Secretary, Department Of Health, Bihar, Patna.

3. Rameshwar Singh, Secretary, Department Of Finance, Government Of Bihar, Patna.

4. Surendra Kumar S/O Not Known Director-In-Chief, Health Services, Bihar, Patna.

5. Amar Kant Jha 'Amar', Superintendent, Patna Medical College Hospital, Patna.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 05-05-2015 Heard learned counsel for the parties.

Having regard to the very limited nature of order passed by this Court in connected writ application on 08.07.2013 in C.W.J.C No. 12672 of 2013, this Court on perusal of the show cause reply of the Director-inchief of Health Service and specially his reasoned order dated 25.03.2014, is not inclined to initiate proceeding of contempt because this Court finds that whatever directions were given by this court either by way of

Patna High Court MJC No.368 of 2014 (2) dt.05-05-2015 extending opportunity of personal hearing or passing of a reasoned order has already been complied.

Learned counsel for the petitioner, however, has sought to extend the scope of contempt application by going into the merit of the aforesaid order but then that cannot be done in exercise of contempt jurisdiction where the issue has to end only with the compliance of the order passed by this Court.

That being so, this application has become infructuous and is, accordingly, disposed of. Nothing said in this order however will come in the way of the petitioner in claiming his relief as against the order passed by the Director-in-chief of Health Services before appropriate authority/Court in accordance with law.

(Mihir Kumar Jha, J) Ranjan/- U