Dr. Mukteshwar Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1276 of 2018 In Civil Writ Jurisdiction Case No.9723 of 2017 ====================================================== Dr. Mukteshwar Narayan Singh ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Higher Education, Patna

2. The Vice Chancellor, B. R. A. Bihar University, Muzaffarpur

3. The Registrar, B. R. A. Bihar University, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava For the Respondent/s :

Mr. Ashutosh Ranjan Pandey - Aag 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2018 Heard Mr. Abhinav Srivastava, learned counsel for the petitioner, and learned counsel for the opposite party No.2 and 3, Vice Chancellor and Registrar of the B. R. A. Bihar University.

A show cause has been filed on behalf of opposite party No.2 and 3 stating that suspension of the petitioner has already been revoked vide Annexure-A to the show cause. Learned counsel for the petitioner drew my attention to the fact that order itself speaks that although suspension has been revoked but the petitioner was asked to proceed on Extra Ordinary Leave without any reason and the formal order for revocation of suspension has not been issued by the college. The legality of order (Annexure-A) cannot be looked

Patna High Court MJC No.1276 of 2018(4) dt.28-11-2018 2/2 into in a contempt proceeding. The opposite parties have already complied the order by revoking suspension of the petitioner and if the petitioner is aggrieved he may file writ petition in accordance with law for redressal of his grievance. It is needless to say that the college shall issue the order of revocation of suspension of the petitioner forthwith. With the aforesaid observation, this contempt petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U