Dr. Subodh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3178 of 2018 In Civil Writ Jurisdiction Case No.7863 of 2014 ====================================================== Dr. Subodh Kumar ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

The petitioner has filed this petition for initiation of a contempt proceeding for deliberate and willful violation of order dated 05.04.2018 passed in C.W.J.C. No.7863 of 2014 by this court.

On perusal of order dated 05.04.2018 passed in C.W.J.C. No.7863 of 2014, I find that after holding the departmental enquiry the petitioner was terminated from his service vide Annexure 4 and this court set aside the order. The matter was remitted to the disciplinary authority to proceed in accordance with law. Thereafter, the petitioner submitted his joining but as submitted by learned counsel for the petitioner, the joining of petitioner is not being accepted. Learned counsel for the State submits that the matter

Patna High Court MJC No.3178 of 2018(3) dt.30-01-2019 2/2 is pending before the Cabinet for approval of joining of the petitioner.

Therefore, I find that the authority shall take decision to accept the joining of petitioner in due course but no case of contempt is made out.

Accordingly, this contempt petition is dismissed. (Prabhat Kumar Jha, J) Harish/- U