Shri Shailesh Kumar Ojha v. State Of Bihar And ANR
Patna High Court MJC No.2692 of 2013 (5) dt.12-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2692 of 2013 In Civil Writ Jurisdiction Case No. 9603 of 2010 ====================================================== Shri Shailesh Kumar Ojha son of Sri Parmanand Ojha, resident of villageKumhailla, PS-Ishwarpur, District-Saran at Chapra at present posted as Circle Inspector at Circle Lahladpur, District-Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mr. Chandragupta Ashok Vardhan, Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, old Secretariat, PSSecretariat, District-Patna.
3. The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, old Secretariat, PS-Secretariat, District-Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshuman For the Respondent/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
This Court, vide order dated 21st April 2011 passed in CWJC No. 9603 of 2010, found the impugned order was not sustainable, set aside the same, but with a liberty to the Authority to pass a fresh order.
In pursuance of the direction, the Authority/opposite party considered the case of the petitioner and disposed of the same by passing the order of punishment against the petitioner vide order dated 21st March 2013 (Annexure-3 to the show cause). The counsel for the petitioner submits that the order
Patna High Court MJC No.2692 of 2013 (5) dt.12-10-2015 has been passed altogether on new charges, apart from the charge which was subject matter of earlier proceeding. This Court cannot enlarge the scope of a contempt proceeding and convert the same in the writ application. The petitioner, if so advised, may challenge the impugned orders in a properly constituted proceeding before the appropriate Court/Forum/Authority.
Accordingly, this application is disposed of. (Shivaji Pandey, J) Mahesh/- U