This contempt petition challenged the legality of a fresh decision by authorities passed after remand. The Court declined to examine merits, dismissed the petition, and granted liberty to challenge the order via appropriate proceedings.
Petition dismissed with liberty to challenge the order by appropriate proceedings in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2653 of 2006 HIRA LAL PRASAD Versus THE STATE OF BIHAR & ORS
3 23-3-2011 Heard the parties.
Learned counsel for the petitioner submits that the fresh decision by the authority passed after remand is not in accordance with law. Thus, in this contempt petition petitioner challenges the legality and correctness of the fresh decision passed by the authorities on 11-1-2007 contained in annexure-D.
In exercise of contempt jurisdiction, it would not be proper for this Court to go into the merits of the order contained in annexure-D. The contempt application is finally disposed of with liberty to the petitioner that if so advised, he may challenge the order contained in annexure-D passed by the District Superintendent of Education, West Champaran, Bettiah through appropriate proceeding in accordance with law.
Naresh
( Shiva Kirti Singh, J.)
2 issues framed by the court
Whether the Court can entertain a contempt petition challenging the legality of a fresh decision passed by the authorities after remand without going into the merits.
Whether the petitioner is given liberty to challenge the impugned order through appropriate proceedings.
Hira Lal Prasad
The State of Bihar & Ors.
Shiva Kirti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
