Sanjay Kumar Chakravarty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1330 of 2020 In Letters Patent Appeal No.1581 of 2015 ====================================================== 1.

Sanjay Kumar Chakravarty S/o Dilip Kumar Chakraborty Assistant Teacher, History, Durga Charan High School, Bhagalpur, P.S. - Kotwali Town and District - Bhagalpur.

2.

Kaushaik Kumar Das S/o Amar Kumar Das Assistant Teacher, Geography Durga Charan High School, Bhagalpur, P.S. - Kotwali, Town and District - Bhagalpur.

3.

Annie Sinha D/o Nani Kumar Sinha Assistant Teacher Bilology, Durga Charan High School Bhagalpur, P.S. - Kotwali Town and District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna, namely Mr. Sanjay Kumar, I.A.S.

2.

The Director Secondary Education, Bihar, Patna, namely Mr. Giriwar Dayal Singh, I.A.S.

3.

The District Education Officer Bhagalpur, namely Mr. Sanjay Kumar. 4.

The District Programme Officer (Establishment) Bhagalpur, namely Mr. Subhas Gupta.

5.

The Managing Committee Durga Charan High School, Bhagalpur, P.S. - Kotwali Town and District - Bhagalpur, through its Secretary, namely Mr. Chirantan Sadhu 6.

The Head Master Durga Charan High School, Bhagalpur, P.S. - Kotwali, Town and District - Bhagalpur, namely Arunanidhan Bondyopadhyay. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Opposite Party/s :

Mr. Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-07-2023

1. The present MJC is filed for non compliance of the Order dated 13.01.2017 passed in LPA No. 1581 of 2015.

Patna High Court MJC No.1330 of 2020(3) dt.25-07-2023 2/2

2. The MJC No. 1330 of 2020/ Contempt petition is filed in the year 2020 after a lapse of one year from the date of Order passed in LPA 1581 dated 13.01.2017.

3. Hence, the present contempt petition is not maintainable in the light of Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, read with the Order dated 24.07.2023, passed in MJC No. 1840 of 2023.

4. Learned counsel for the petitioner submitted that during pendency of the present petition, respondents have complied the order in part on 18.07.2023. However, some disputes remains to be resolved. In such an event, he is permitted to approach the authorities. If the authorities fail to grant any relief, he has other remedies.

5. Hence, the contempt petition stands dropped. (P. B. Bajanthri, J) ( Jitendra Kumar, J) chandan/- U T