Devendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.36 of 2024 In Letters Patent Appeal No.1302 of 2017 ====================================================== Devendra Prasad S/o Late Krishna Prasad, R/o 102 B, Shyam Sunder Complex, Jagdeo Path More, Bailey Road, P.S.- Shastri Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri K. Senthil Kumar, Principal Secretary, Home Department, Government of Bihar, Patna.

2.

Sri K. Senthil, The Principal Secretary, Home Department, Government of Bihar, Patna.

3.

Sri Sudhanshu Kumar Choubey, The Joint Secretary, Department of Home, Government of Bihar, Patna.

4.

Shri Rajnish Kumar Singh, The Additional Secretary-cum-Director, Administration, Home Department, Bihar, Patna. 5.

Shri Shirsat Kapil Ashok, The Inspector General, Prison and Reforms Services, Inspectorate, Bihar, Patna.

6.

Shri Sunil Kumar, The Joint Commissioner, Departmental Enquiry-cumConducting Officer, Koshi Division, Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Adv.

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJIV ROY) 18-03-2026 Heard Mr. Jagnnath Singh, learned counsel for the petitioner and the State.

2. The present application has been preferred for initiation of a proceeding of contempt against the opposite parties for their willful disobedience and violation of order dated

Patna High Court MJC No.36 of 2024(4) dt.18-03-2026 2/2 19.10.2023 passed in Letters Patent Appeal No. 1302/2017 in C.W.J.C. No. 934/2016 passed by Division Bench of this Hon'ble Court allowing the Letters Patent Appeal by setting aside the enquiry and the punishment imposed and the appellant was entitled to be restored to his position as on the date of his suspension and also entitled to full back wages during his suspension till retirement and pension thereafter.

3. After advancing some argument, learned counsel for the petitioner desires to withdraw the present application with liberty to challenge the order contained in resolution dated 08.07.2024 passed by the Additional Secretary-cum-Director which has been brought on record by way of Annexure-P-3.

4. As prayed for, this case is disposed of as withdrawn with liberty as aforesaid.

(Rajiv Roy, J) ( Alok Kumar Sinha, J) Vijay Singh/- U