Janardan Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3600 of 2017 In Letters Patent Appeal No.1029 of 2017 ====================================================== Janardan Rai, Son of late Keshav Rai, resident of Village- Nalanda Colony, Khajepura, P.S. Rajeev Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

R. K. Mahajan, Principal Secretary, Education Department, New Secretariat, Government of Bihar, Patna 3.

Sushil Kumar, Director (Administration) Education Department, New Secretariat, Govt. of Bihar, Patna 4.

C. Suresh Kumar, Accountant General, Bihar, Veer Chand Patel Path, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratap Sharma, Advocate For the Opposite Party/s :

Mr. Shashi Shekhar Tiwari, AC to AAG- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) Date : 20-04-2023 Heard Mr. Pratap Sharma, learned counsel appearing on behalf of the petitioner and Mr. Shashi Shekhar Tiwary representing the State of Bihar.

2. Being aggrieved by the order rejecting the claim of the petitioner for grant of ACP by the learned writ court, the petitioner preferred L.P.A. No. 1029 of 2017, which was

Patna High Court MJC No.3600 of 2017 dt.20-04-2023 2/3 disposed of keeping in view the order of the Hon'ble Supreme Court in Civil Appeal No. 82268227 of 2012 in contempt petition (Civil) No. 88-89 of 2013, granting liberty to the petitioner to file representation claiming benefit, in respect to ACP as per Supreme Court's order.

3. In compliance of the order of this Court dated 31.07.2017 passed in LPA No. 1029 of 2017, the Director (Administration), Education Department has disposed of the representation of the petitioner vide letter contained in Memo No. 1728 (24) dated 15.12.2022.

4. A rejoinder to the show-cause has been filed and it has been vehemently argued on behalf of the petitioner that the above-noted order of the opposite party no.3 reflects defiance of the order of this Court.

5. Needless to observe, if the petitioner is not satisfied with the order passed by the concerned opposite party, he is at liberty to assail the same.

6. Accordingly, the present contempt

Patna High Court MJC No.3600 of 2017 dt.20-04-2023 3/3 application stands disposed of with the liberty aforesaid.

(Ashutosh Kumar, J) (Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2023 Transmission Date NA