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Patna High CourtMJC/2938/2011disposed

Dr. Lalit Kumar v. Patna Universityand ORS.

2017-06-23The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2938 of 2011 =========================================================== Dr. Lalit Kumar, son of Late Raj Nandan Singh, resident of Tilak Tajpur, P.S. Runni Saidpur, District-Sitamarhi.

.... .... Petitioner/s

Versus

1. Patna University, Patna through its Registrar, Dr. Manoj Kumar.

2. Dr. Sudipto Adhikari, Vice Chancellor, Patna University, Patna.

3. Dr. Manoj Kumar, Registrar, Patna University, Patna.

4. The State of Bihar, through Anjani Kumar Singh, Principal Secretary, H. R.D. Department, Bihar, Patna.

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

For the Petitioner/s : None For the Respondent/s : Mr. Manish Dhari Singh, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 23-06-2017 From the supplementary affidavit filed by the respondents on 19.06.2017, it is seen that the case of the petitioner for grant of promotion has been considered and the petitioner is found ineligible for promotion and, therefore, his claim has been rejected. Once the respondents have considered the claim of the petitioner in accordance to the Scheme applicable and say that the benefit cannot be extended, no further indulgence can be made in a contempt application. In case, the petitioner is aggrieved by the reasons given by the respondents for holding him ineligible that gives a fresh cause to the petitioner to challenge the subsequent action but the for the same, action for contempt proceedings cannot be taken.

Patna High Court MJC No.2938 of 2011 dt.23-06-2017 2/2 With the aforesaid, this application is disposed of with liberty to the petitioner challenge the action holding him ineligible for promotion.

(Rajendra Menon, CJ) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.06.2017 Transmission Date