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Patna High CourtMJC/3447/2023disposed

Rekha Kumari v. Sri Keshav Kumar Pathak

2024-08-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3447 of 2023 In Civil Writ Jurisdiction Case No.4672 of 2016 ====================================================== Rekha Kumari W/o Nandeshwar Kumar Resident of Village- Ashrafpur, Supaul, P.S. Patori, District- Samastipur.

... ... Petitioner/s

Versus

1.

Sri Keshav Kumar Pathak Additional Chief Secretary, Education Department, Vikas Bhawan, Government of Bihar, Patna. 2.

Mithilesh Misra, Primary Director, Education Department, Government of Bihar, Patna.

3.

Birendra Narayan, District Education Officer, Vaishali. 4.

Sunil Kumar Gupta, District Programme Officer (Estt.) Vaishali. 5.

Sri Yaspal Meena, District Magistrate, Vaishali at Hajipur. 6.

Mukul Ranjan, Secretary-Cum-Block Teacher Appointment Unit, JandahaCum-Executive Officer (Pandhayat Saiti), Jandaha, Vaishali. 7.

Niteshwar Mahto, Block Education Officer, Jandaha, Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Jawaid Akhter, Adv.

For the Opposite Party/s :

Additional Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard the parties.

2. The present contempt petition has been filed for initiating contempt proceeding against the opposite parties for willful and deliberate disobedience of order dated 15.12.2016 passed by this Court in CWJC No. 4672 of 2016.

3. At the outset, learned State counsel pointed out that after disposal of the writ petition, MJC No. 2171 of 2017 was filed which came to be disposed of on 01.08.2018 (Annexure-

Patna High Court MJC No.3447 of 2023(3) dt.29-08-2024 2/2 R4/1 to the show-cause filed on behalf of OP No.4).

4. The short order reads as follows:- "Heard parties.

In view of the decision having been taken in the matter by the District Programme Officer, Vaishali, this proceeding cannot continue and, accordingly, the same is dropped.

However, the petitioner, if so advised, would be at liberty to assail the concerned order before a competent forum."

5. Confronted with the said order, learned counsel for the petitioner submits that he may be granted liberty to prefer writ petition.

6. That liberty is always available to the petitioner, the present petition is disposed of.

(Rajiv Roy, J) perwez U