Quashed

Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

Patna HC25 Mar 2015MJC/3951/2014

Case brief

AI extract

What is this about?

The High Court directed the respondents to show cause for non-compliance. Finding that the petitioners' claim for salary had been rejected by the Nagar Parishad, the Court did not find reason to proceed with contempt and allowed the petitioners to challenge the rejection in appropriate proceedings.

What did the court decide?

No contempt proceedings initiated; Liberty granted to assail the correctness of the rejection order in appropriate proceedings.

Bijay Kishore Sinha and Ors. Vs The State Of Bihar… — Writ and Judicial Review | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3951 of 2014

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Civil Writ Jurisdiction Case No. 1840 of 2014

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====================================================== 1. Bijay Kishore Sinha, S/o Late Bindeshwari Prasad, R/o-Naya Gaon, P.O.Jamalpur, P.S.-East Colony, District-Munger. 2. Deep Narayan Sah, S/o Late Panchu Saha, R/o Village-Khagri, P.O.Khagri, P.S.-Kotwali, District-Munger. 3. Krishna Deo Sharma, S/o Late Saryug Sharma, R/o-Badi Kesaopur, P.O.Jamalpur, P.S.-Jamalpur, District-Munger. 4. Naresh Kumar, S/o Late Parmeshwar Sah, R/o Badi Kesopur, P.O. + P.S.-Jamalpur, District-Munger. 5. Dilip Narayan Yadav, S/o Late Sarjug Yadav, R/o Jagir Louchi, P.O.Louchi, P.S.-H. Kharagpur, District-Munger. .... .... Petitioner/s Versus 1. The State of Bihar through, Mr. Sandeep Poundrik, the Principle Secretary, Urban Devlopment & Housing Department, Government of Bihar, Patna. 2. Mr. Sandeep Poundrik, the Principle Secretary, Urban Development & Housing Department, Government of Bihar, Patna. 3. Mr. Amrendra Kumar Singh, the District Magistrate, Munger. 4. Mr. Varun Kumar Sinha, the Superintendent of Police, Munger. 5. Nagar Parishad, Jamalpur through its Smt. Pratibha Kumari, Executive Officer, Jamalpur, Munger. 6. Poonam Kumari, The Executive Officer, Nagar Parishad, Jamalpur, Munger. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent (Jamalpur Nagar Parishad) : Mr. Rakesh Kr. Sinha For the Respondent (State) : Mr. Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 25-03-2015 From the show cause reply filed on behalf of the opposite parties no. 5 and 6 it appears that the order of this Court dated 28.03.2014 passed in C.W.J.C. No. 1840 of 2014 has been complied with inasmuch as the Executive Officer, Nagar Parishad, Jamalpur has passed an order on the petitioners’ claim for payment of salary for the period in question. By the said order,

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Patna High Court MJC No.3951 of 2014 (2) dt.25-03-2015

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dated 23.09.2014, the claim of the petitioners has been rejected.

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I do not find any reason to proceed for contempt of Court against opposite parties in view of the stand taken in show cause reply. It goes without saying that the petitioners shall have liberty to assail the correctness of said order dated 23.09.2014 in appropriate proceeding before appropriate forum.

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(Chakradhari Sharan Singh, J)

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Praveen-II/U

Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

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Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

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