Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4806 of 2014 In Civil Writ Jurisdiction Case No. 11664 of 2013 ======================================================

1. Sanjay Kumar, Son of Aditya Prasad Singh, Resident of village- Pakri, P.O. Kosumhar P.S. Akbarpur, District-Nawadah, At present Inter School , Gopalpur, Nawadah .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Amarjeet Sinha, The Principal Secretary, General Administration Department, Govt of Bihar, Patna

3. Mr. Syed Md. Ehtesham Hussain , District Education Officer, Nawadah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Respondent/s : Mr. Rajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-08-2015 Heard the parties.

Perused the order dated 7.8.2014 passed in C.W.J.C. Nos. 6338 of 2014 and 7703 of 2014 by which this Court has directed that for six weeks the petitioners of the two writ applications were to continue on their post. However, their salary shall await the final result of these writ applications. Thereafter the authority in pursuance of the direction has issued office order dated 17.9.2014 thereby the petitioners of those cases were brought to their respective posts and later on the authority has again issued another order terminated their services vide order dated 28.11.2014.

Patna High Court MJC No.4806 of 2014 (3) dt.28-08-2015 Learned counsel for the petitioner submits that it is violation of the order dated 7.8.2014 and required initiation of contempt proceeding. It is not in dispute that the aforesaid writ applications are still pending for consideration and this Court has passed the order to continue those petitioners for six weeks. They were allowed for the aforesaid period and later on their services were terminated.

This Court cannot give any opinion with regard to office order dated 28.11.2014 which can be adjudicated in the aforesaid writ applications but in my mind contempt is not made out. Accordingly this application is dismissed. Vinay/- (Shivaji Pandey, J) U