Sri Ram Lakhan Ray Sanskrit Prathamik Sah Madhyamik Vidyalaya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4249 of 2019 In Civil Writ Jurisdiction Case No.21049 of 2018 ====================================================== Sri Ram Lakhan Ray Sanskrit Prathamik Sah Madhyamik Vidyalaya Dipau, Police Station- Kotwa, District- East Champaran through its Incharge Head Master Bindeshwari Prasad aged about 49 years (male) Son of Kamal Prasad (Secretary Died), Resident of Village and Post- Karamwa, Ward No.8, Police Station- Sugauli, District- East Champaran.
... ... Petitioner
Versus
1.
The State of Bihar through Mr. R.K. Mahajan, The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna. 2.
Mr. Rameshwar Singh, The Special Director, Secondary Education, Govt. of Bihar, Patna.
3.
Mr. Raman Kumar, The District Magistrate, East Champaran. 4.
Mr. Lalit Narayan Rajak, The District Education Officer, East Champaran. 5.
Dr. Bharti Mehta, The Chairman, Bihar Sanskrit Shiksha Board, Back Harding Road, Patna.
6.
The Bihar Sanskrit Shiksha Board, Patna through its Secretary, Anil Kumar Sinha, Back Harding Road, Patna.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar Verma, Advocate For the Opposite Party State:
Mr. Madhaw Prasad Yadaw (GP-23) Mrs. Meera Singh, AC to G.P.-3 For the Bihar Sanskrit Shiksha : Mr. Lalit Kishore, Senior Advocate Board Mr. S.S. Sundaram, Advocate Mr. Shashank Shekhar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2022 Mr. Lalit Kishore, learned Senior Advocate representing the Chairman and the Secretary of the Bihar Sanskrit Shiksha Board has informed this Court that this Court's order dated 17.06.2019 passed in C.W.J.C. No. 21049 of 2018
Patna High Court MJC No.4249 of 2019(6) dt.10-08-2022 2/3 has since been complied with, with the issuance of an order dated 29.07.2022 on the petitioner's application dated 20.03.2017.
The Chairman and the Secretary of the Board are personally present in the Court in the light of this Court's order dated 03.08.2022.
On the question of belated compliance of this Court's order dated 17.06.2019, Mr. Lalit Kishore has submitted that the contemners tender unqualified apology for the same with an undertaking that they shall be careful in future while dealing with compliance of this Court's orders.
Learned counsel for the petitioner has, however, submitted that the order dated 29.07.2022, which has been now passed by the Board, is patently illegal. This Court, in contempt jurisdiction, cannot enter into the correctness of the order dated 29.07.2022 passed in compliance of this Court's order, unless it is shown to the Court that the said order is in breach of any part of the direction.
Considering the unqualified apology tendered by the Chairman and the Secretary of the Board and the fact that this Court's order has since been complied with, I am not inclined to proceed in the matter any further. The contempt proceeding
Patna High Court MJC No.4249 of 2019(6) dt.10-08-2022 3/3 stands dropped accordingly.
(Chakradhari Sharan Singh, J) Pawan/- U