Shiopujan Baitha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2078 of 2018 In Civil Writ Jurisdiction Case No.17862 of 2008 ====================================================== Shiopujan Baitha S/o Late Morha Baitha R/o Mohalla- Adarsh Colony, West Patel Nagar, Post Office- Shastri Nagar, Police Station- Shastri Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sri Sudhir Kumar Singh, Agriculture Production Commissioner, Bihar, Patna 3.

Sri Sudhir Kumar, Principal Secretary, Deprtment of Agriculture, Bihar, Patna null null 4.

The Finance Commissioner, Bihar, Patna.

5.

The Accountant General, Bihar, Patna.

6.

The Joint Secretary, Dept. of Agriculture, Bihar, Patna. 7.

The Deputy Secretary Dept. of Agriculture, Bihar, Patna. 8.

Sh. G.P. Singh, Public Information Officer, Dept. of Agriculture, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Chandra, Advocate For the Opposite Party/s :

Mr. Sarvesh Kumar Singh - AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.

2. Pursuant to the order dated 06.03.2024, fourth supplementary show cause on behalf of the opposite party nos. 2 and 3 (The Agriculture Production Commissioner, Bihar as also the Principal Secretary, Agriculture Department, Bihar, Patna) is on record.

3. Learned State counsel has taken this Court to paragraphs-8 and 9 which read as follows:-

Patna High Court MJC No.2078 of 2018(14) dt.09-05-2024 2/3 "8. That the present petition was contempt heard 06.03.2024. After hearing the parties the Hon'ble Court has been pleased to grant 6 weeks time for filing show cause in this case. The Hon'ble Court has observed that on one hand the opposite parties stated that the matter have is pending before the Hon'ble Supreme Court and as such, there is a ban on all the promotion matters, on the other hand they are doing pick and choose in as much as vide memo no. 5508 dated 02.11.2023 a promotion order has been issued by Agriculture Deptt.

giving promotion one Niraj Kumar pursuant to to order passed in MJC No. 3448 of 2018.

9. That so far as case of Niraj Kumar is concerned, there was an order matter in the contempt and therefore, the matter was placed before the committee headed by the Chief Secretary after getting approval of Administrative Finance and thereafter, the General Department, Deptt. and Law the promotion order with respect to Niraj Kumar was issued it has conditionally and specifically been mentioned that the matter of promotion shall not be treated to be precedent in other matters."

4. Learned counsel for the petitioner submits that he is

Patna High Court MJC No.2078 of 2018(14) dt.09-05-2024 3/3 still aggrieved and will be taking up the matter before an appropriate Court.

5. This Court has gone through the affidavit as also the order passed and is satisfied that the order of the Writ Court stands complied.

6. If the petitioner still has grievance, can move before an appropriate Writ Court for redressal of his grievance.

7. MJC No. 2078 of 2018 stands disposed of.

(Rajiv Roy, J) Adnan/- U