Birendra Kumar v. The Union Of India Mr. Anil Goswami The Secretary Ministry Of Home Affairs Govt. Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.469 of 2016 In Civil Writ Jurisdiction Case No. 3353 of 2014 ====================================================== Birendra Kumar Son of Sri Sudama Prasad, Resident of Village Shishwan Khurd, Post Office- Lebhari, Police Station Merwa, District Siwan (Bihar). .... .... Petitioner/s
Versus
1. The Union of India, Mr. Anil Goswami, the Secretary Ministry of Home Affairs,(CISF) Government of India, New Delhi.
2. Mr. Surendra Singh, the Director General of Central Industrial Security Force, (Home Ministry), New Delhi.
3. Mr. Anand Mohan, the Inspector General (Western Zone) Central Industrial Security Force (Home Ministry), CISF, Sector, 35, Kharghar Navi Mumbai-10
4. Mr. Sanjay Kumar, the Deputy Inspector General (Western Zone) Central Industrial Security Force, (Home Ministry), Western Zone-2, Head Quarter, Bhilai, District Durg (C.G).
5. Mr. A.Karpetta, the Senior Commandant, Central Industrial Security Force (Home Ministry) CISF Unit, Kstpp Korabam, District Koraba (C.G).
6. Mr. Sunil Kumar, the Inspector General (Western Zone) CISF (Home Ministry), Head Quarter, Patna.
7. The State of Bihar through, Mr. Amrit Lal Mina, the Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.
8. Mr. Mahendra Kumar, the District Magistrate cum Collector, Siwan.
9. Mr. Bhupendra Kumar Yadav S.D.O. Mairwa, Siwan. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amir Alam For the Union of India : Mr. S.D. Sanjay, Addl. Soc. General. : Ms. Punam Kumari Singh, C.G.C For the Respondent/s : Mr. G.P.Yadav, SC 17 : Mr. Navnit Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-08-2018 It appears that, few days after filing of the present contempt application, the Sub-Divisional Officer, Siwan, has passed an order dated 26.02.2016 as contained in Annexure D to the show cause filed on behalf of O.P.Nos. 8 and 9. The order
Patna High Court MJC No.469 of 2016 (3) dt.16-08-2018 2/2 states that the petitioner is not the resident of Village- Shishawan Khurd and, therefore, it is not possible to verify his caste. Learned counsel for the petitioner has though attempted to argue against the order passed by the Sub-Divisional Officer, Siwan, this Court has shown its unwillingness to go through the merit of the order. The contempt application has apparently become infructuous.
Learned counsel for the O.P. Nos. 1 to 6 is also present and has drawn the attention of this Court towards the show cause filed on their behalf.
The contempt application is, thus, disposed off with a liberty to the petitioner to assail the order passed by the SubDivisional Officer, Siwan if so advised in accordance with law. (Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U