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Patna High CourtMJC/3371/2015disposed

Yogendra Prasad Singh v. The State Of Bihar And ANR,

2017-03-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3371 of 2015 In Civil Writ Jurisdiction Case No. 10126 of 1998 ======================================================

1. Yogendra Prasad Singh, Son of late Saryug Singh, Resident of MohallaKumhrar, Police Station -Agam Kuna, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. J. K. P. Singh, Director, Statistics and Evaluation Planning and Development , Bihar.

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

For the Petitioner/s : Mr. Shiv Kumar For the Respondent/s : Mr. Anjani Kumar, AAG 4 Mr. shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2017 The Director, Economics and Statistics Directorate, Planning and Development Department, Government of Bihar, is personally present in Court in compliance of this Court's order, dated 01.03.2017. A show cause has been filed on her behalf, stating therein that order of this Court, dated 17.03.2015, passed in CWJC No. 10126 of 1998, violation of which has been complained of in the present proceeding, has since been complied with by recalling the order of cancellation of time-bound promotion, which was earlier granted to the petitioner.

Copy of the said show cause reply has been served on learned Counsel for the petitioner today itself in the Court Room.

Upon perusal of the order, dated 07.03.2017,

Patna High Court MJC No.3371 of 2015 (6) dt.08-03-2017 2/2 which has been passed in compliance of the said order, dated 17.03.2015, I am satisfied that the disobedience on the part of the opposite party cannot be said to be deliberate, constituting contempt of Court.

Learned Counsel appearing on behalf of the petitioner has, however, submitted that no order consequential to the said order, dated 07.03.2017, has been passed.

No such direction was given in the order, dated 17.03.2015.

However, the petitioner will be at liberty to raise such grievance by filing representation before the authorities. In no event, a case of deliberate contempt of Court can be said to be made out after the order having been complied with. The contempt proceeding stands dropped.

This application stands disposed of with the observation, as above.

The personal appearance of the Director, Economics and Statistics Directorate, Planning and Development Department, Government of Bihar, is hereby dispensed with.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T X