Devendra Prsad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2210 of 2024 In Letters Patent Appeal No.923 of 2014 ====================================================== Devendra Prsad Singh, Son of Rajendra Prasad Singh, Resident of VillageRamchandrapur, P.O.- Bhadaria, P.S.- Amarpur, District- Banka at Present Working as Assistant Teacher, Project Girl High School, Chadnan Banka. ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Sri S. Siddhartha, The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

Sri Kamal Kumar Sinha, The Director Secondary Education Bihar, Patna. 4.

Sri Krishna Kumar Sharma, The Deputy Director, Secondary Education, Bihar, Patna.

5.

Sri Abhay Kumar Singh, Regional Deputy Director (Education), Bhagalpur, District- Bhagalpur.

6.

Sri Kundan Kumar, The District Education Officer, Banka, District- Banka. 7.

Sri Anup Kumar Sinha, the Chairman of Three Men Committee, Human Resources Development Department, New Secretariat, Patna posted as Secretary.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate.

For the State :

Mr. Kunal Tiwary, AC to GA-2.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-12-2024 The present M.J.C./Contempt Petition is arising out of order dated 23.12.2016 passed in L.P.A. No.923 of 2014.

2. Filing of the present M.J.C./Contempt Petition for implementation of the order dated 23.12.2016 passed in L.P.A. No.923 of 2014 would be contrary to Section 20 of the

Patna High Court MJC No.2210 of 2024 dt.18-12-2024 2/2 Contempt of Courts Act, 1971. Coordinate Bench of this Court in the case of Dr. Rajesh Kumar Sinha and others Vs. The Union of India and others (M.J.C. No.1840 of 2023) has elaborately considered Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. The Hon'ble Supreme Court on the very same issue in the case of S. Tirupathi Rao Versus M. Lingamaiah and Others decided on 22nd of July, 2024 {2024 SCC OnLine SC 1764} insofar as filing of belated Contempt of Courts Petition is not permissible.

3. In the light of above judicial pronouncements read with Section 20 of the Contempt of Courts Act, 1971, the present M.J.C./Contempt Petition is barred by limitation.

4. Accordingly, the present M.J.C./Contempt Petition stands disposed of reserving liberty to the petitioner to invoke other remedies which are available to the petitioner. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.12.2024.

Transmission Date NA