Pawan Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Health, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1115 of 2018 In Civil Writ Jurisdiction Case No.10553 of 2014 ====================================================== Pawan Kumar Son of Rajballabh Singh resident of village + P.O- Alinagar, P.S- Suryagarha, District- Lakhisarai, presently posted as Clerk, Primary Health Centre, Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Health, Government of Bihar, Patna, namely Sri Sanjay Kumar 3.

The Director-in- Chief, Health Services, Government of Bihar, Patna, namely Dr. Chandra Mohan Jha.

... ... Contemnors/ Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Ajay Behari Sinha - GA 8 (Sr. Adv.) with Mr. Upendra Kumar Singh AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The contempt application has been filed for compliance of the order dated 06-12-2017 passed in C.W.J.C. No. 10553 of 2014.

The learned counsel for the State submits that the order was based on consent of the parties. The same was assailed by the State in L.P.A. No. 582 of 2019, wherein, a submission was made by the learned counsel for the State that the petitioner's case is distinguishable from that of Pawan

Patna High Court MJC No.1115 of 2018(4) dt.03-05-2023 2/2 Kumar, relying on which, the consent had been granted in the writ proceedings.

The Division Bench has allowed the appellant-State to file a Review Petition. The Review is in the process of filing. In view of these developments, it cannot be said that the order, contempt of which is alleged, is final and binding between the parties. There is no cause for proceeding further in the contempt matter.

The contempt petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U