Patna High CourtMJC/2033/2018disposed

Suresh Prasad v. Anjani Kumar Singh The Chief Secretary Government Of Bihar, Patna And ORS

2018-09-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2033 of 2018 In Civil Writ Jurisdiction Case No.19280 of 2015 ====================================================== Suresh Prasad Son of Late Satya Naryan Prasad, Aged about 62 years, resident of Village- Sawali, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

1. Anjani Kumar Singh The Chief Secretary Government of Bihar, Patna.

2. Amrit Lal Meena, Principal Secretary, Co-operative Department, Bihar, Patna.

3. Joint Secretary, Vigilance, Co-operative Department, Bihar, Patna.

4. Rajendra Ram, Deputy Secretary-cum- Chief Vigilance, Co-operative Department, Bihar, Patna.

5. Muzzibur Rahaman, Joint Registrar Co-operative Society Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhilesh Dutta Verma For the Respondent/s :

Mr. Amit Prakash - Ga 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

It is submitted by the learned Counsel for the petitioner that the second show cause, which has been issued pursuant to the orders passed by this Court by order dated 10.4.2018 in CWJC No. 19280 of 2015, is illegal. He submits that the opposite parties are once again committing same mistake for which the order dated 10.4.2018 was passed in CWJC No. 19280 of 2015.

The order of the Court in the earlier writ petition was to the extent that the order of the Disciplinary Authority dated

Patna High Court MJC No.2033 of 2018(4) dt.19-09-2018 2/2 26.3.2014 was quashed and the punishment notified in the said order was held to be unsustainable.

From the show cause it is apparent that the punishment has been withdrawn under notification dated 7.9.2018 bearing No. 2998. Pursuant to the said action, in exercise of the liberty granted by this Court a second show cause notice dated 10.9.2018 has been issued afresh. Whether the same is in accordance with law or not and the correctness of the same can be challenged by the petitioner in an appropriate proceeding.

There is no scope of any further orders in the instant contempt proceeding. The same is dropped.

(Madhuresh Prasad, J) Snkumar/- U