Sanjay Kumar Das v. The State Of Bihar Through Mr. R.K.Mahajan The Principal Secretary Department Of Human Resoures Deve

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3150 of 2015 In Civil Writ Jurisdiction Case No. 8825 of 2011 ======================================================

1. Sanjay Kumar Das Son of Arjun Ravida, Resident of VillageBaghibardiha, P.S.-Warisaliganj, in the district of Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar Through Mr. R.K. Mahajan, son of - name (not known to the petitioner) The Principal Secretary Department of Human Resources Development Bihar Patna

2. Mr. Arun Kumar Srivastava, son of - name (not known to the petitioner) Member, The District Teachers Appointment Appellate Authority, Nawada

3. Mr. Manoj Kumar, son of - name (not known to the petitioner),the District Magistrate, Nawada

4. Mr. Gorakh Prasad, son of - name (not known to the petitioner), the District Education Officer, Nawada

5. Mr. Kunwar Ram son of - name (not known to the petitioner), the District Superintendent of Education-cum-District Programme Coordinator, Sarva Shiksha Abhiyan, Nawada

6. Mr. Prabhat Kesari, son of - name (not known to the petitioner), the Block Development Officer, Warisaliganj, Nawada

7. The Gram Panchayat Raj, Dosut, through its Secretary Mr. Bhuneshwar Prasad, son of - name (not known to the petitioner), Block Warisaliganj in the district of Nawada

8. Smt. Gayatri Devi Wife of Mukhiya Gram Panchayat Raj Dosut, Warisaliganj in the district of Nawada

9. Santosh Kumar, Son of Arjun Prasad Rajak Resident of Village - Dosut, P.S. Warisaliganj in the district of Nawada.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. Manoj Kr. Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-04-2016 Heard Mr. Deepak Kumar for the petitioner and Mr. Uday Shankar Sharan Singh for the respondent Tribunal. The application alleges willful/deliberate disobedience of the order dated 17.12.2013 passed in C.W.J.C. No. 8825 of 2011, the operative part whereof reads as under:-

Patna High Court MJC No.3150 of 2015 (5) dt.27-04-2016 2/2 "The Tribunal shall now consider the case of the petitioner on its own merit and dispose of the same in accordance with law but after hearing the parties.

Let it be recorded that this Court has not gone into the other submissions and the counter submissions made by the parties. Both the parties would be at liberty to raise all issues/points before the Tribunal for its consideration.

The petitioner shall appear before the Tribunal along with a copy of this order within four weeks enabling the Tribunal to dispose of the case." A show cause has been filed on behalf of the O.P. No. 2 setting out diverse reasons which prevented disposal of the matter by the Tribunal. It is stated that requisite documents have already been called for and as soon as they are received, the matter shall be finally disposed of.

Considering the submissions of the parties, in my view, instead of pursuing the present contempt application, the same merits to be disposed of with an observation that the concerned officer of the Tribunal in seisin of the case, who has not been made party to the contempt application, shall dispose of the pending matter of the petitioner within 05 months. I order accordingly.

(Kishore Kumar Mandal, J) Pankaj/- U