Awadhesh Kumar Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2459 of 2014 In Civil Writ Jurisdiction Case No. 306 of 2014 ======================================================
1. Awadhesh Kumar Sinha S/o Late Harendra Narain Sinha Resident of B.M.P.-16 Phulwari Sharif, Patna, P.S. Phulwari Sharif, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar through Director General of Police, namely P.K. Thakur, Bihar, Patna.
2. The Additional Director General of Police Bihar Military Police, Patna, Bihar, namely Gupteshwar Pandey.
3. The Inspector General of Police, Namely Prita Verma, Bihar Military Police (B.M.P.), Pant Bhawan, Bailey Road, Patna.
4. The Deputy General of Police, namely Ajay Kumar Mishra, Bihar Military Police (B.M.P.), Phulwari Sharif, Patna.
5. The Commandant, namely Sheo Kumar Jha, Bihar Military Police-16, Phulwari Sharif, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Respondent/s : Mr. Gyan Shankar, AC to GP-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 21-07-2017 Considering the fact that an innocuous order was only passed by the Writ Court to consider the case of promotion and from the show cause it is clear that the promotion has been granted to the petitioner, now with regard to the date from which the promotion is granted, in the absence of there being any specific order for considering the case in a particular manner and from a particular date, action for contempt cannot be initiated. The only direction being to consider the case and pass an appropriate order as per liberty granted to the State
Patna High Court MJC No.2459 of 2014 (5) dt.21-07-2017 2/2 Government, now on account of the fact that promotion was not granted with effect from a particular date, as claimed by the petitioner, it is not appropriate to initiate action for contempt. In case the petitioner is aggrieved with the manner in which the order has been passed, he may challenge the same in accordance with law in an appropriate proceeding. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) K.C.jha/- U