Bharat Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5162 of 2013 In Civil Writ Jurisdiction Case No. 11506 of 2012 ====================================================== Bharat Rai, son of Shri Jairam Rai, resident of village and P.O. Kumana, P.S. Kopa, District- Saran ( Chapra) .... .... Petitioner

Versus

1. The State of Bihar

2. Shri Amarjeet Sinha, Principal Secretary, Department of Education, Government of Bihar, Patna

3. Shri Ajay Kumar Choudhary, Director, Primary Education, Bihar, Patna

4. Shri Gopal Singh Meena, District Magistrate, Siwan

5. Shri Abrar Ahmad Kamar, Deputy Development Commissioner-cumChairman, District Education Establishment Committee, Siwan

6. Shri Radha Krishna Singh Yadav, District Education Officer, Siwan

7. Shri Lalit Narayan Rajak, District Programme Officer ( Establishment), Siwan

8. Shri Ramesh Giri, Prakhand Pramukh, Maharajganj Prakhand, DistrictSiwan

9. Smt. Pratibha Ghosh, Mukhiya, Gram Panchayat Raj, Baletha, Block Siwan Sadar, District-Siwan

10. Shri Surya Prakash Shrivastava, Panchayat Secretary, Gram Panchayat Raj, Baletha, Block Siwan Sadar, District- Siwan

11. Shri Subash Prasad, Member, District Teacher's Employment Appellate Authority, Siwan .... .... Opp.Parties.

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. AC to GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

29-01-2015 Heard learned counsel for the petitioner and learned AC to GP-26.

The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on an allegation of disobedience to an order dated 09.07.2012 passed in C.W.J.C.No.11506 of 2012. By the said order, the writ court

Patna High Court MJC No.5162 of 2013 (7) dt.29-01-2015 2/3 had disposed of the writ petition by recording following observations:

"---------- The only appropriate order to be passed at this stage is to direct the respondents to decide the acceptability of the institution from where the petitioner has derived his training qualification and if it is to their satisfaction to consider his case for appointment in accordance with the order of the Tribunal.

Let the order be complied with within a maximum period of three months from the date of presentation before respondent no.9"

In this case, a show cause has been filed on behalf of Opp.Party no.8 and along with show cause, a copy of the proceeding has been brought on record as Annexure-F to the show cause, in which case of the petitioner along with others was considered and after considering the same the claim of the petitioner has been rejected.

In view of the fact that in compliance with the order of the writ court, the case of the petitioner was consider vide Annexure-F to the show cause, there is no reason to proceed with the matter. If the petitioner feels aggrieved with the action of the Opp.Party, particularly Annexure-F to the

Patna High Court MJC No.5162 of 2013 (7) dt.29-01-2015 3/3 show cause, he would be at liberty avail appropriate remedy. The petition stands disposed of.

(Rakesh Kumar, J) NKS/- U