Alakh Kumar Sinha And ANR v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1313 of 2007 ======================================================

1. Alakh Kumar Sinha aged about 44 years son of Sri Gopal Prasad Amastha, Resident of Power House Road, Begusarai, P.S. and District - Begusarai.

2. Rajesh Kumar aged about 44 years son of late Harihar Prasad, Resident of at and P.O. Nasriganj, P.S. Nasriganj, District - Rohtas. Both working as Industrial Extension Officer, posted in the Directorate of Industries, Vikas Bhawan, New Secretariate, Jawahar Lal Nehru Marg, (Bailey Road), Patna-1.

... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Sri A.K. Choudhary, I.A.S. Chief Secretary, Government of Bihar, Patna.

3. Sri Navin Kumar, I.A.S. Finance Commissioner-cum-Secretary, Government of Bihar.

4. Sri Amir Subhani, I.A.S. Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna.

5. Sri S. Vijay Raghawan, I.A.S. Industries Development Commissioner, Department of Industries, Government of Bihar, Patna.

6. Sri Girish Shankar, I.A.S., Cabinet Secretary, Government of Bihar, Patna.

7. Sri Prem Singh Meena, I.A.S., Director of Industries, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 07-09-2018 1.

Present application is filed by the original writ applicant Alakh Kumar Sinha under the contempt of Courts Act, alleging non-compliance of the order passed by the learned Single Judge dated 09.03.2007 in C.W.J.C. No. 12301 of 2004. 2.

Heard learned counsel appearing for the respective parties and considered the counter filed on behalf of the respective respondents. It is borne out from the record that as such the order passed by learned Single Judge, of which non-compliance is

Patna High Court MJC No.1313 of 2007 dt.07-09-2018 2/2 alleged, has subsequently merged into the order passed in L.P.A. No. 878 of 2007. It appears that even thereafter, some further orders were passed by the learned Division Bench on 03.11.2011 in M.J.C. No. 1284 of 2011 and other allied M.J.C. applications. 3.

Therefore, once the order passed by the learned Single Judge merged into the order passed by the learned Division Bench, there is no question of considering taking action for noncompliance of the order passed by the learned Single Judge. 4.

If at all any application can be made, the same can be with respect to non-compliance of any order/orders passed by the learned Division Bench (if at all there is any non-compliance with the order of the learned Division Bench).

5.

Under the circumstances, the present application for contempt before the learned Single Judge stands dismissed. 6.

It would be open for the petitioner to initiate appropriate proceedings before the appropriate Court/Forum in accordance with law, which is to be considered in accordance with law.

(Mukesh R. Shah, CJ) K.C.Jha/Uma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.09.2018 Transmission Date N/A