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Patna High CourtMJC/3702/1998dismissed

Manoj Kumar Keshari v. The State Of Bihar And ORS

2015-12-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3702 of 1998 ====================================================== Manoj Kumar Keshari son of Sri Kedar Prasad Keshari, resident of mohalla-New Chandpur Bela, PS-Jakkanpur, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Sri Anup Mukherjee, the Secretary, P.H.E.D., Nirman Bhawan Campus, Bailey Road, Patna.

2. Sri E.A. Kumar, the Engineer-in-Chief-cum-Pro-Special Secretary, P.H.E.D., Nirman Bhawan Campus, Bailey Road, Patna.

3. Sri Siya Sharan Prasad, the Regional Chief Engineer, P.H.E.D., Patna.

4. Sri K.N. Gupta, the Superintending Engineer, P.H.E.D., Patna Circle, Patna.

5. Sri O.N. Mohammad, the Special Officer, P.H.E.D., Bihar, Patna.

6. Sri Vinoy Prasad, the Assistant Income Expenses Officer, P.H.E.D., Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : Mr. GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-12-2015 No one appears on behalf of the petitioner. The counsel for the State is present.

The present application has been filed making allegation of violating the order dated 18th August 1997 by which the Court has granted the relief of status quo. In the show cause, it has been mentioned that the appointment of the petitioner was illegal, as while making appointment, none of the provision for proper appointment has been followed by the authority concerned and so much so that the petitioner was out of service after 31st December 1996 so the

Patna High Court MJC No.3702 of 1998 (8) dt.07-12-2015 2/2 complain made by him that he has not been allowed to work and paid salary does not arise.

Having considered the statements made in the writ application as well as in paragraph 5 of show cause, this Court find that no case of contempt is made out against the respondents. Accordingly, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- U