Dismissed

Ambika Pd. Singh v. the State of Bihar and Ors.

Patna HC8 Jul 2013MJC/2405/2012

Case brief

AI extract

What is this about?

This is an appeal against an order dated 01.08.2011 directing the State of Bihar to pay post-retirement dues. The petitioner filed a contempt petition for alleged violation of that order. The Court heard the matter but declined to examine merits, granting liberty to challenge the authority's subsequent order. The appeal is disposed of with liberty to challenge.

What did the court decide?

Liberty granted to the petitioner to challenge the order dated 09.04.2013 of the authority before any appropriate forum.

Ambika Pd. Singh Vs the State of Bihar and Ors. — Contempt of Court | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2405 of 2012

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Letters Patent Appeal No. 1836 of 2010

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====================================================== Ambika Prasad Singh S/O Late Saho Singh R/O Vill-Kalaund, P.O.-Teyar, P.S.-Akbarpur, Distt-Nawada

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.... .... Petitioner

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Versus

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The State Of Bihar , through Mr. Anjani Kumar Singh, the Principal Secretary, H.R.D.Department Govt. Of Bihar, Vikash Bhawan, Patna

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Mr. S. Shiv Kumar , the Secretary, Primary Education , H.R.D. Department Govt. Of Bihar, Vikash Bhawan, Patna

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Mr. Ashutosh , the Director , Primary Education , H.R.D.Department Govt. of Bihar, Vikash Bhawan, Patna

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Mr. Anirudh Singh, the Director Provident Fund, Govt. of Bihar, Pant Bhawan, Patna

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Mr. Anil Kumar Singh, the District Superintendent of Education / The District Program Officer (Establishment) Nawada

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Mr. Binod Kumar Jha, the District Superintendent of Education / The District Program Officer (Establishment) Gaya

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Mr. Sailesh Kumar , the District Provident Fund Officer, Nawada

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.... .... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Bankey Bihari Singh For the Opposite Parties : Mr. Alok Kumar, A.C. to G.A. 1

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====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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4 08-07-2013 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

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This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for their alleged disobedience/violation of order dated 01.08.2011,

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Patna High Court MJC No.2405 of 2012 (4) dt.08-07-2013

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by which L.P.A. No. 1836 of 2010 was disposed of with a direction that appellant-petitioner shall make a representation for payment of post retiral dues to the authorities concerned and the authorities shall dispose of the representation within a period of two months by a judicious order and if any amount was found due to be paid, the same shall be paid within next one month from the date of receiving of the said order.

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Learned counsel for the petitioner states that he had filed a representation on 19.08.2011 in compliance of the order of this Court dated 01.08.2011, but till the filing of this contempt petition i.e. 03.05.2012, the said order had not been complied.

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A show cause has been filed on behalf of the opposite parties showing that the concerned authority has considered the said representation of the petitioner and it disposed of the same vide order dated 09.04.2013. However, for the delay the opposite parties have tendered their unconditional and unqualified apology before this Court.

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Learned counsel for the petitioner has raised several objections against the said order of the authority dated 09.04.2013, but this Court, in its contempt jurisdiction, cannot go into the merit of the said order.

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Accordingly, this petition is disposed of with a

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Patna High Court MJC No.2405 of 2012 (4) dt.08-07-2013

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liberty to the petitioner to challenge the said order of the authority dated 09.04.2013 before any appropriate forum.

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(S.N. Hussain, J)
MPS/- (Ahsanuddin Amanullah, J)

Ambika Pd. Singh v. the State of Bihar and Ors.

Case brief

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Ambika Pd. Singh v. the State of Bihar and Ors.

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