Patna High CourtMJC/2093/2013disposed

Mohan Kumar Singh v. Sri Vyas Jee And ORS.

2015-02-27Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2093 of 2013 IN Civil Writ Jurisdiction Case No. 3907 of 2008 =========================================================== MOHAN KUMAR SINGH, S/O LATE JAGARNATH SINGH, R/O VILLAGEMANI CHAPRA, P.S.- CHAKIA, P.O.- MEHSI, DISTRICTEAST CHAMPARAN, MOTIHARI.

.... .... PETITIONER/S

VERSUS

1. SRI VYAS JEE, SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER), THE COMMISSIONER-CUM-SECRETARY, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA.

2. DR. SURENDRA PRASAD SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER), THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA.

3. SRI SAROJ SINGH, SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER), THE CIVIL-SURGEON CUM CHIEF MEDICAL OFFICER, EAST CHAMPARAN, MOTIHARI.

4. DR. OM PRAKASH, SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER), THE IN-CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MEHSI, EAST CHAMPARAN.

5. SRI SURENDRA SINGH, SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER), AREA EDUCATION OFFICER, DALSHINGSARAI, SAMASTIPUR.

6. SRI NARBADESHWAR PRASAD, SON OF (NAME OF FATHER NOT KNOWN TO THE PETITIONER) THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI.

.... .... OPPOSITE PARTY/S =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 27-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The present contempt application has been filed for

noncompliance of the order dated 04.07.2011 passed in C.W.J.C. No. 3907 of 2008 whereunder the aforesaid writ application was disposed of with liberty to the petitioner to file a representation for consideration of his case in the light of the Constitution Bench judgment. If such a representation is filed by the petitioner within four weeks from today, the same shall be considered by the concerned authority and appropriate orders in accordance with law shall be passed preferably within three months from the date of filing of the representation.

Learned counsel appearing for the State submits that in compliance of the order under contempt, the representation of the petitioner has been disposed of by the Director-in-chief, Health Services, Government of Bihar, Panta (opposite party no. 2) by speaking order dated 02.12.2014 refusing the claim for regularization of the petitioner, which would appear from paragraph 6 of the show cause filed on behalf of the opposite party no. 2.

Learned counsel for the petitioner submits that the claim for regularization of the petitioner has been refused by the Director-in-chief, Health Services, Government of Bihar, Panta (opposite party no. 2) is against the law.

Since the order, under contempt, has been complied

with by the opposite party no.2, therefore, no further action is required. Accordingly, this contempt application is disposed of. If the petitioner feels any grievance, he may take recourse in accordance with law before the appropriate forum (Rajendra Kumar Mishra, J) Bhardwaj/- U