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Patna High CourtMJC/2230/2017disposed

Mahendra Kumar v. Sri R. K. Mahajan, I. A. S., Principal Secretary, Human Resource Department, Government Of Bihar,

2019-07-30Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2230 of 2017 Arising out of Civil Writ Jurisdiction Case No.1540 of 2016 ====================================================== Mahendra Kumar son of Sukhdeo Resident of Village- Amwa West, P.S. Turkaulia, District- East Champaran.

... ... Petitioner/s

Versus

1.

Sri R. K. Mahajan, I. A. S., Principal Secretary, Human Resource Department, Government Of Bihar, Patna.

2.

Sri Iftikhar Ahmad, District Programme Officer, Motihari, East Champaran. 3.

The State of Bihar.

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

For the Petitioner/s :

Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :

Mr. P.M. Sharan, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-07-2019 Heard learned counsel for the petitioner and learned AC to AAG 15 for the State.

2. The present application has been filed by the petitioner alleging wilful and deliberate disobedience of order dated 28.09.2016 passed in CWJC No. 1540 of 2016.

3. By the said order, the authorities were required to consider the case for regularisation of service of the petitioner in terms of various other orders of the Court, including the Hon'ble Supreme Court.

Patna High Court MJC No.2230 of 2017 dt.30-07-2019 2/2

4. In the show cause filed on behalf of the opposite parties the stand is that the case of the petitioner has been rejected for various reasons which have been indicated.

5. Copy of the show cause having been served on learned counsel for the petitioner and there being no reply, the Court cannot take into consideration the materials which are not on record with regard to considering as to whether the authorities have rightly or wrongly rejected the claim for regularisation of service of the petitioner.

6. In such view of the mater, the application stands disposed off.

7. However, it shall be open to the petitioner to assail the order rejecting his claim for regularisation before the appropriate forum, in accordance with law.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U