The court disposed of a miscellaneous petition challenging non-compliance. It held that the disputed facts regarding the petitioner's Service Book cannot be enquired into in contempt proceedings and directed the petitioner to approach an appropriate forum for the supplementary show cause order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.875 of 2013
In
Civil Writ Jurisdiction Case No. 19750 of 2012
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Birendra Singh, S/o Late Dharmdeo Singh, resident of village- Nadaura, P.S.- Dinara, District- Rohtas
.... .... Petitioner-Petitioner
Versus
.... .... Respondents-Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Rana Isahwar Chandra, Advocate For the Respondent/s : Mrs. Shashi Priya Pathak, AC to AAG-7
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
8 07-08-2013 The present petition has been filed alleging noncompliance of the order dated 18.10.2012 passed in C.W.J.C. No. 19750 of 2012.
Patna High Court MJC No.875 of 2013 (8) dt.07-08-2013
2
Gupta under whose signature the Service Book was said to have been acknowledged as deposited, has denied the signature to be his own. Doubt has also been raised with regard to the acknowledgement receipt displaying different handwritings.
(Vikash Jain, J)
P.K./-
1 issue framed by the court
Whether the High Court can adjudicate a disputed factual matter regarding the whereabouts of a Service Book under its contempt jurisdiction.
Birendra Singh
The State of Bihar through its Chief Secretary, Patna
The Principal Secretary, Department of Finance, Bihar
The Principal Secretary, Department of Education, Bihar
The Director, Primary Education, Department of Education, Bihar
The Regional Deputy Director of Education
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
