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Patna High CourtMJC/386/2015disposed

Janak Prasad Singh v. The State Of Bihar And ORS

2018-11-06Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.386 of 2015 In Miscellaneous Jurisdiction Case No. 1119 of 2011 ======================================================

1. Janak Prasad Singh Son of late Rameshwar Mahato resident of MohallaBairagi, Near Central School, P.S. Delha Gaya, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through Amarjeet Sinha, Principal Secretary, Higher Education, Govt. of Bihar, Patna.

2. Not known, Secretary, Higher Education ,Govt. of Bihar, Patna.

3. Jitendra Pd. Joint Secretary, Higher Education, Govt. of Bihar, Patna

4. Sita Ram Singh , Director, Higher Education , Government of Bihar, Patna.

5. Dr. Arun kumar, Vice - Chancellor, Magadh University, Bodh - Gaya, Gaya.

6. Dr. D.K. Yadav, Registrar, Magadh University, Bodh Gaya.

7. Dr. Sunil Kumar Suman , the then Principal Of J.J. College, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratik Kumar Sinha, Adv. For the Respondent/s : Mr. Raghwanand, GA 11 Mr. Sanjay kr. Tiwari, AC to GA 11 For the University : Dr. Kumar Amitesh Chandra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-11-2018 Mr. Dr. Kumar Amitesh Chandra, leaned counsel for the University has placed before this Court Annexure R/6 to the show cause filed on behalf of the Magadh University, Bodh Gaya, showing that this petitioner has been paid a sum of Rs.9,55,628/-. His submission is, however, that in the given facts and circumstances now the contempt is required to be dropped. On the other hand, learned counsel representing the petitioner submits that with reference to the rejoinder which has

Patna High Court MJC No.386 of 2015 (7) dt.06-11-2018 2/2 been filed today to the effect that the petitioner apprehends that the University may once again reopen the issue of the petitioner holding a sanctioned post. Learned counsel submits that such issues were tried to be raised in LPA before the Hon'ble Division Bench in LPA No. 317 of 2015 and other analogous matters but they find favour in the Division Bench order of this Court and a Special Leave Petition filed in the Hon'ble Supreme Court. In the opinion of this Court, a mere apprehension expressed by the learned counsel for the petitioner at this stage would not be a ground to initiate a proceeding. In case, any such issue arises, the petitioner will have the liberty to move this Court. The application is disposed off, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U