Sangita Kumari, v. The State Of Bihar Through Sri Deepak Kumar The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.398 of 2021 In Civil Writ Jurisdiction Case No.7487 of 2020 ====================================================== Sangita Kumari, Wife of Bijay Kumar Singh @ Bijay Kishore Singh, Resident of Village-Govindpurl Ward No. 2, P.S.-Rosera, District Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Deepak Kumar the Chief Secretary, Government of Bihar, Patna.

2.

Sri Amir Subhani the Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

Sri Sanjay Kumar the Principal Secretary, Education Department, Government of Bihar, Patna.

4.

Sri Arvind Kumar Verma, the Joint Secretary, Education Department, Government of Bihar, Patna.

5.

Sri Arshad Firoj, the Deputy Secretary, Education Department, Government of Bihar, Patna.

6.

Ranjit Kumar Sinha, the Director, Primary Educatiojn, Education Department, Government of Bihar, Patna.

7.

Dr. Vineet Joshi, the Chairman, National Council for Teacher Education, New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr .Kundan Kumar, Advocate For the Opposite Party/s :

Mr. AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 12-09-2023 The present M.J.C. is filed for non-compliance of the order dated 09.09.2020 passed in C.W.J.C. No. 7487 of 2020.

2. The direction to the petitioner is to submit representation and thereafter, the concerned authority was to examine the petitioner's grievance within a period of two months from the date of such request. In this regard, a representation was

Patna High Court MJC No.398 of 2021(4) dt.12-09-2023 2/2 submitted on 16.10.2021 followed by reminder on 07.11.2021. Thereafter, there was inaction, hence the petitioner was compelled to file this contempt petition in the year 2020. Even after filing of this contempt petition, the concerned respondents have not taken any action to comply the order of this Court dated 09.09.2020 read with petitioner's representation dated 16.10.2021 and 07.11.2021. It has been complied only on 07.09.2023, therefore, it is prima facie initiation of contempt proceedings, since orders have been complied, it is suffice to impose cost. Litigation cost has been imposed on the official respondents and it is quantified at Rs. 20,000/-. Cost shall be paid to the petitioner for the reasons that he was awaiting the compliance of the order of this Court for about 3 years. It is to be noted that contempt was filed in the year 2020 itself. Cost shall be paid to the petitioner within a period of 8 weeks from the date of receipt of order.

3. Accordingly, the present M.J.C. - contempt petition stands dropped, reserving liberty to the petitioner to file Interlocutory Application for revival of this order, in the event of non-payment of cost.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U