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Patna High CourtMJC/142/2021disposed

Bihar Pradesh Madhyami Shiksha Shikshetar Karamchari Mahasangh v. The State Of Bihar

2024-01-09Mr. Justice P. B. Bajanthri,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.142 of 2021 In Civil Writ Jurisdiction Case No.19599 of 2018 ====================================================== 1.

Bihar Pradesh Madhyami Shiksha Shikshetar Karamchari Mahasangh through its General Secretary, Raj Kishore Prasad, Address- Punaichak Post Office Gali, Patna-800001 2.

Raj Kishore Prasad Son of Late Krishna Sharma General Secretary, Bihar Pradesh Madhyami Shiksha Shikshetar Karamchari Mahasangh, AddressPunaichak, Post Office Gali, Punaichak, Patna-800001, At present Mahangupur, Thana- Janipur Chiraura Patna, Bihar 801109 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Education Department, Government of Bihar, namely Sri R.K. Mahajan 3.

The Director, Secondary Education, Government of Bihar, namely Giriwar Dayal Singh 4.

The Bihar School Examination Board through its Secretary Sinha Library Road, Patna namely Sri Pramod Kumar 5.

The Chairman Bihar School Examination Board, Sinha Library Road, Patna namely Sri Anand Kishore 6.

The Secretary Bihar School Examination Board, Sinha Library Road, Patna namely Sri Pramod Kumar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.S. Tiwary, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Rohitabh Das, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-01-2024 The present MJC/contempt petition is filed for noncompliance of the order of this Court dated 06.01.2020 passed in CWJC No. 19599 of 2018. On 13.12.2023, following order was passed:

Patna High Court MJC No.142 of 2021 dt.09-01-2024 2/2 "The present MJC is filed for noncompliance of the order dated 06.01.2020 passed in CWJC No. 19599 of 2018. It is learnt that second respondent was required to comply, despite lapse of these many years there is non-compliance. Therefore, we have no other option except in initiating Contempt of Court proceedings under Rule 7(i) read with Form 1 of Chapter XXVIII of Rules of the High Court at Patna framed under the Contempt of Courts Act, 1971 (Act 70 of 1971) against the second respondent. He shall file his explanation for initiation of Contempt of Court proceedings on the next date of hearing.

2. Relist this matter on 09.01.2024."

2. On 05.01.2024 show cause along with Annexures - A to D has been filed. Perusal of the show cause read with document dated 23.12.2023, there is compliance of the order of this Court dated 06.01.2020 passed in CWJC No. 19599 of 2018.

3. Accordingly, present MJC/contempt petition stands dropped reserving liberty to the petitioners to assail the order dated 23.12.2023 in accordance with law.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2024 Transmission Date NA