Pappu Kumar v. The State Of Bihar Through The Chief Secretary Department Of Health,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3704 of 2025 In Civil Writ Jurisdiction Case No.11951 of 2025 ====================================================== Pappu Kumar Son of Nagendra Kumar, Resident of Village- Sangrampur, P.S. Sangrampur, District-East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the chief Secretary Department of Health, Patna namely Shri Pratyaya Amrit 2.
The Principal Secretary General Administrative Department Government of Bihar, Vikash Bhawan, Bailey Road, Patna namely Dr.B.Rajender. 3.
The Principal Secretary Department of Health, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna namely Shri Lokesh Kumar Singh. 4.
The Special Secretary, Department of Health, Govt of Bihar. Vikash Bhawan, Bailey Road, Patna namely Shri Shashank Shekhar Sinha. 5.
The Additional Secretary, Department of Health, Govt. of Bihar Vikash Bhawan, Bailey Road, Patna namely Shri Shambhu Sharan. 6.
The Bihar Technical Services Commission 19, Harding Road, Govt. of Bihar, Patna through its Secretary namely Shri Arunabh Channdra Verma 7.
The Chairman Bihar Technical Services Commission namely Shri R.P.Singh 8.
The Secretary, Bihar Technical Services Commission namely Shri Arunabha Chandra Verma ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s :
Mrs. Binita Singh, SC-28 For the BTSC :
Mr. Nikesh Kumar, Adv.
Mr. Praveen Tewari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned counsel for the opposite parties.
2. This application has been filed on behalf of the petitioner for initiating of contempt proceeding against the opposite parties for alleging willful disobedience of this Court's order dated 19.08.2025 passed in CWJC No.11951 of 2025.
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3. The operative portion of the order dated 19.08.2025 passed in CWJC No.11951 of 2025 is quoted herein below for needful:
"5. Considering the fact that a very limited nature of prayer is being made by learned counsel for the petitioner, this Court considers it appropriate to grant liberty to the petitioner to file a detailed representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna. Accordingly, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna, within one month from the date of passing of this order and if such a representation is filed within stipulated time, the Principal Secretary, General Administration Department, Government of Bihar, Patna is directed to consider the same and dispose it of on merit after giving an opportunity of hearing to the petitioner. The exercise must be completed by the Principal Secretary, General Administration Department, Government of Bihar, Patna within a further period of two months from the date of filing of the representation.
3/4 Needless to emphasize that the final order which shall be passed by the Principal Secretary, General Administration Department, Government of Bihar, Patna should be a reasoned and speaking order. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is open to the Principal Secretary, General Administration Department, Government of Bihar, Patna to apply its mind and decide the representation of the petitioner on merit."
4. In light of the aforesaid direction given by this Court, the petitioner had filed a representation on 28.08.2025 (Annexure-P/2). Thereafter, the said representation was considered and final order disposing of the said representation has been passed, which is contained in Letter no.22148 dated 28.11.2025 (Annexure-R/D). This fact is not in dispute between the parties.
5. Learned counsel appearing for the opposite parties, therefore, submits that the order of this Court passed in writ jurisdiction has been fully complied with and a detailed and a reasoned order (Annexure-R/D) has already been passed on 28.11.2025 and therefore, this application needs to be dismissed/disposed of accordingly.
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6. Learned counsel appearing for the petitioner submits that although the representation of the petitioner stands disposed of on merit vide Annexure-R/D, which is dated 28.11.2025, but the grievance of the petitioner has not been entirely met with. The direction in writ application was only for disposing of the representation on merit by passing a reasoned and speaking order, which has admittedly been complied with by opposite parties and hence there remains no cause of action to further pursue with this application. Accordingly, this application is disposed of for the reason that the order dated 19.08.2025 passed in CWJC No.11951 of 2025 stands fully complied with. The petitioner would be at liberty to challenge the order dated 28.11.2025 (Annexure-R/D), if the petitioner so desires.
(Alok Kumar Sinha, J) Prakash Narayan U