The Court dismissed the second contempt petition filed for alleged disobedience of an earlier order, holding that a case involving violation of the same order was not fit to be entertained again.
Petitioner granted liberty to assail the action of respondent authorities in appropriate proceedings.
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Patna High Court MJC No.1854 of 2014 (2) dt.26-11-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1854 of 2014 In Civil Writ Jurisdiction Case No. 21537 of 2012 ====================================================== Vijay Kumar Sahu & Anr. .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 26-11-2014 This is second contempt petition filed alleging disobedience of an earlier order of this Court dated 23.11.2012 passed in MJC No. 21537 of 2012. Earlier the petitioners had filed MJC No. 4164 of 2013 which was dismissed as withdrawn vide an order dated 5.2.2014 on the basis of plea on behalf of the petitioners that the Court’s order had been complied with.
Now, he alleges in the present contempt application that the petitioners has withdrawn the contempt application, in view of the show cause reply filed on behalf of the Opposite parties stating therein that the petitioners’ name did not figure in the merit list, which is incorrect.
Learned counsel for the petitioners has referred to merit list supplied to him under the Right to Information Act to submit that the petitioners’ name figured therein.
Patna High Court MJC No.1854 of 2014 (2) dt.26-11-2014
Learned counsel for the State on the other hand, has submitted that the documents which is being described to be merit list does not contain names of only such candidates who could have been appointed against the vacancies advertised.
I do not find it to be a fit case to be entertained which is second contempt application seeking violation of the same order in respect of which earlier contempt application was dismissed.
It goes without saying that the petitioners shall have liberty to assail the action of the respondent authorities in appropriate proceeding.
(Chakradhari Sharan Singh, J)
ArunKumar/-
U
1 issue framed by the court
Whether the present contempt petition should be entertained given that an earlier contempt application regarding the same order was dismissed.
Vijay Kumar Sahu & Anr
The State of Bihar & Ors
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
