Sarojini Devi v. Shri R. K. Mahajan The Principal Secretary Education Department Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.603 of 2018 In Civil Writ Jurisdiction Case No.20406 of 2014 ====================================================== Sarojini Devi Wife of Late Arujun Prasad, Resident of Village + P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

1. Shri R. K. Mahajan The Principal Secretary Education Department Government of Bihar, Patna

2. Shri Rajiv Prasad Singh RanjanThe Director, Secondary Education, Government of Bihar, Patna

3. Koushal Kumar The District Magistrate, Nawada

4. Mithilesh Kumar sinha the District Programme Officer, Establishment, Nawada

5. Satendra Kumar the Block Education Officer, Govindpur, Nawada

6. Shyam sundar Verma the Principal, Project Girl Inter School, Govindpur, Nawada

7. Shri Dharmendra Kumar the Accountant General, Birchand Patel Path, Bihar

8. A.N. Vishwas the treasury Officer, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Tiwari, Advocate For the State :

Mr. Rakesh Nandan Singh, A.C. to AAG- 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 24-08-2018

1. Present contempt petition is preferred alleging noncompliance of the order passed by the learned Single Judge dated 13th July, 2017 in C.W.J.C. No. 20406 of 2014.

2. It is required to be noted and it is not in dispute that the concerned authority i.e. Treasury Officer was not party to the main writ application. The Interlocutory Application No. 4966 of 2018 filed in the present proceedings to join the Treasury Officer as party shall not be tenable more particularly in a contempt petition alleging non-compliance of the order

Patna High Court MJC No.603 of 2018(4) dt.24-08-2018 2/2 passed by the learned Single Judge in C.W.J.C. No. 20406 of 2014 in which the Treasury Officer was not a party.

3. Under the circumstances, present application is not required to be entertained against the Treasury Officer who as such is reported to be the competent authority. However, it will be open for the petitioner to file an independent proceedings afresh after joining the Treasury Officer and any other competent authority and as and when such proceedings are initiated, the same be considered in accordance with law and on its own merit.

4. Consequently, both I.A. No. 4966 of 2018 and the Contempt Application stand disposed of.

(Mukesh R. Shah, CJ) P.K.P./-R.S.Sen U