Kusum Kumari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3007 of 2019 In Civil Writ Jurisdiction Case No.10288 of 2011 ====================================================== Kusum Kumari Pandey D/o Shri Baban Dixit,W/o Shri Hrishikesh Pandey, Village Khudra, P.S. Nawtan, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr..................... the Principal Secretary, Human Resources Development Department,Govt. of Bihar, Patna.

3.

Mr. Kumar Ramanuj, the Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna. 4.

Mrs. Ranjeeta, the District Magistrate, Siwan. 5.

Mr. Chandrashekhar, the District Superintendent of Education, Siwan. 6.

Mr............................ the Range Education Officer, Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Smt. Shilpa Singh (GA-12) Ms. Abhanjalli, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 10-04-2025 Heard learned counsel for the parties.

2. This contempt petition has been filed alleging violation of the order dated 21.08.2018 passed in C.W.J.C. No. 10288 of 2011, wherein, this Court in paragraph 8, thereof, had passed the following order:

"8. Accordingly, the order dated 25.03.2011 is hereby quashed.

The matter is remitted back to the respondents in the light of judgment of Apex Court in Managing Director

Patna High Court MJC No.3007 of 2019(5) dt.10-04-2025 2/3 ECIL Hyderabad & Ors. Vs. B.

Karunakar case (supra). The respondents are directed to issue second show-cause notice along with the copy of enquiry report so that the petitioner may submit reply to the second show-cause notice and after considering the reply to the second show cause, the respondent (disciplinary authority) may take appropriate decision in accordance with law."

3. Opposite Party No.5 has filed a show cause, wherein, in paragraph nos. 6 & 7, it has been stated as under: "6. That pursuant to order passed by this Hon'ble Court the Opposite Party issued Second Show Cause notice vide letter no. 234 dated 31.01.2019 and again vide letter no.

419 dated 14.02.2019 mentioning the charges but the petitioner neither appeared nor filed any reply.

7. That the District Programme Officer (Establishment), Siwan scrutinizing the relevant records relating to the departmental proceeding and passed the reasoned order vide memo no. 2245 dated 01.10.2019 by which the claim of

Patna High Court MJC No.3007 of 2019(5) dt.10-04-2025 3/3 petitioner has been rejected."

4. On perusal of paragraph nos. 6 & 7 of the show cause filed by the Opposite Party No. 5, I find that the order dated 21.08.2018 passed in C.W.J.C. No. 10288 of 2011 has been complied with.

5. Accordingly, this contempt petition stands closed and disposed off.

(Nani Tagia, J) Nilmani/- U