Sanjay Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3361 of 2014 In Civil Writ Jurisdiction Case No. 10947 of 2008 ====================================================== Sanjay Yadav S/o Deo Yadav, Resident of Village- Lal Darwaja, P.S.- Kotwali, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar through Sri Aswani Singh, the Chief Secretary, Govt. of Bihar, Patna.

2. Sri P.K. Thakur, D.G. cum I.G. of Police, Bihar, Patna.

3. Sri Sudarsan Kumar, D.I.G. of Police, Munger Range, Munger.

4. Sri Varun Kumar, S.P., Munger.

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

For the Petitioner/s : Mr. Shruti Sinha For the Respondent/s : Mr. P.K. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is making prayer for issuance of a Court of contempt proceeding violating the order dated 29th April 2013 passed in CWJC No. 10947 of 2008 by which the Court has given following direction:- "Both parties have admitted that the said process has not yet been completed and the authorities are still considering the same. In the said circumstances, this Court also thinks it proper to give a direction to the Chief Secretary, State of Bihar for

Patna High Court MJC No.3361 of 2014 (4) dt.31-07-2015 2/3 issuance of direction to the Director General of Police to ask the authorities to look into the matter of the petitioner also and to find out as to whether any NCC-C certificate or any copy thereof had been filed by the petitioner and is part of the said record and if any such certificate was filed by the petitioner at the relevant time, the petitioner shall also be considered to be declared eligible as per the regular recruitment process for the post of constable. The entire process shall be completed within a period of six months from the date of receipt/production of a copy of this order."

In pursuance thereof, the D.I.G., Munger Region, Munger, vide Memo. No. 1139/ G.S. dated 23rd May 2014, considered the case of the petitioner, did not find any merit and rejected the same.

Counsel for the petitioner submits that it is a mechanical order without application of the real fact. This Court cannot convert this proceeding in the writ application. The petitioner, if so advised, may take a legal recourse challenging the order passed by the D.I.G., Munger Region, Munger vide Memo. No. 1139/ G.S. dated 23rd May 2014

Patna High Court MJC No.3361 of 2014 (4) dt.31-07-2015 3/3 in an appropriate proceeding.

With the above observation/direction, this contempt application is dismissed.

(Shivaji Pandey, J) Mahesh/- U