Praveen Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3950 of 2014 In Civil Writ Jurisdiction Case No. 1823 of 2014 ====================================================== Praveen Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Rakesh Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2015 This is an application for initiating contempt proceeding against the opposite parties for deliberate disobedience of this court's order dated 28.03.2014 passed in CWJC No. 1823 of 2014 whereby, the Executive Officer, Nagar Parishad, Jamalpur was asked to consider the case of this petitioner for payment of salary for the period during which he was on strike. A show cause reply on behalf of the opposite parties has been filed bringing on record an order dated 23.09.2014 passed by the Executive Officer, Nagar Parishad, Jamalpur in compliance of the order dated 28.03.2014.

Learned counsel for the petitioner submits that representation of the petitioner has been wrongly rejected by the said order dated 23.09.2014 without appreciating the purport of the order of this court.

Patna High Court MJC No.3950 of 2014 (4) dt.04-02-2015 2/2 It appears from the records that the respondents were directed to consider the case of the petitioner and upon consideration of the case, the order has been passed by the Executive Officer rejecting the claim of the petitioner. In such circumstances, it cannot be said that there has been any willful violation of this court's order. The petitioner, if so advised, may approach the appropriate forum for challenging the order dated 23.09.2014.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) BKS/- U