Irshad Ahmad v. State Of Bihar And ORS

Patna High Court MJC No.549 of 2005 dt.14-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.549 of 2005 =========================================================== Irshad Ahmad, son of Obaidur Rahman, resident of Village Kadhawalia, P.O. Bagahi, P.S. Lauriya, District West Champaran (Bettiah) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shri Bipin Bihari Srivastava, Secretary to Government of Bihar, Department of Animal Husbandry, New Secretariat, Bihar, Patna

3. Dr. Dhurkheli Ram, Director, Department of Animal Husbandry, New Secretariat, Bihar, Patna

4. Dr. Jai Govind Ram, Regional Director, Department of Animal Husbandry, North Bihar Region, District Muzaffarpur

5. Shri Uday Kant Sharma, Deputy Secretary, Department of Animal Husbandry, New Secretariat, Bihar, Patna .... .... Opp. Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opp. Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 14-07-2015 This contempt petition has been filed asserting noncompliance of the order dated 23.09.2004, passed in C.W.J.C. No. 7136 of 1999, against which State-Respondents preferred L.P.A. No. 419 of 2005 which has been allowed and the order dated 23.09.2004 has been set aside placing reliance on the Full Bench judgment of this Court in the case of Sri Sashibhushan Kumar & Ors v. State of Bihar & Others 2014(4) PLJR 761 holding that Regional Director, Animal Husbandry has no power to appoint Class-III employee and petitioner herein having been appointed on ClassIII post by Regional Director, his appointment having been cancelled, such cancellation has got to be upheld.

This contempt petition is disposed of.

(V.N. Sinha, J) Rajesh/- U