Bansh Narayan Upadhyay v. The State Of Bihar Through Chief Secretary, Deepak Kumar, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2705 of 2018 In Civil Writ Jurisdiction Case No. 6963 of 2015 ======================================================

1. Bansh Narayan Upadhyay son of late Chandra Bansh Upadhyay Resident of Village - Chanda, P.O. - Arak, P.S. - Brahmpur, District - Buxar presently posted as Peon in the Office of Superintending Engineer, Road Construction Department, Road Circle, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Deepak Kumar, Government of Bihar, Patna.

2. Amrit Lal Meena, the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. Laxmi Narayan Das, the Engineer-in-Chief-cum-Additional Secretarycum-Special Secretary, Road Construction Department, Government of Bihar, Patna.

4. Ramavtar Sah, the Chief Engineer, Road Construction Department, North Bihar Wing, Darbhanga.

5. Ram Parvesh Singh, the Superintending Engineer, Road Constriction Department, Road Circle, Motihari.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Giri, Advocate For the Opposite Parties : Mr. Raj Ballabh Pd. Yadav, AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-10-2018 In the order dated 02.05.2018 passed in C.W.J.C. No. 6963 of 2015, this Court had directed that the petitioner's claim for promotion to Class III posts be considered by the respondent authorities. Due to non-compliance of the said order, the instant contempt application has been filed.

Show cause has been filed on behalf of the opposite parties. It is their specific stand in paragraph 3 of the show cause that the

Patna High Court MJC No.2705 of 2018 (3) dt.10-10-2018 2/2 order has been complied. The stand of the opposite parties in the show cause is being reproduced herein:

"For considering above letter a Screening Committee meeting was organized on 12.07.2018 vide letter no. 735 dated 07.07.2018, for the above matter of promotion of Sri Bans Narayan Upadhayaya.

Again due to unavoidable circumstance this meeting could not be held. So, the next meeting was held on 16.07.2018. On recommendation of Screening Committee meeting on 16.07.2018 the petitioner has been promoted from Class IV to Class III vide the office order no. - 29 cum letter no. - 831 dated 02.08.2018. It is also to be noted that the petitioner has given a letter on 24.08.2018 saying that he has given instruction to his lawyer to withdraw the said case as promoted."

In view of the aforesaid compliance being placed on record, there is no occasion for this Court to proceed further in the contempt proceedings.

The contempt petition is dismissed.

(Madhuresh Prasad, J) Prakash/- U