Dismissed

Md. Sulaiman v. The State Of Bihar Through Mr. Anjani Kumar Singh Chief Secretary Govt. Of Bihar Patna and Ors.

Patna HC21 Dec 2016MJC/3405/2015

Case brief

AI extract

What is this about?

In a contempt application challenging a departmental order disobeying a writ direction, the single-judge Bench held that the legality/correctness of the departmental order cannot be judged in contempt proceedings and dropped the application.

What did the court decide?

The application for initiation of contempt proceedings was dropped.

Md. Sulaiman Vs The State Of Bihar Through Mr. Anjani Kumar… — Contempt of Court | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3405 of 2015

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Civil Writ Jurisdiction Case No. 12418 of 2007

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Md. Sulaiman son of Md. Rasul, Resident of Azad Mathia, P.S.Chhatauni, District- East Champaran

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.... .... Petitioner/s

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Versus

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The State of Bihar through Mr. Anjani Kumar Singh, Chief Secretary, Govt. of Bihar, Patna

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Mr. Dipak Prasad, the Commissioner-cum-Principal Secretary, Minor Irrigation Department, Bihar, Patna

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Mr. Gopal Krishna Paramhans, the Joint Secretary, Minor Irrigation Department, Bihar, Patna

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Mr. Narendra Kumar, the Chief Engineer(North), Tube Well Wing, Minor Irrigation Department, Muzaffarpur

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Mr. Ranjit Kant Gupta Executive Engineer, Tube Well Division, Motihari

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.... .... Opp.Parties.

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====================================================== Appearance :

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For the Petitioner/s : Mr. Prabhu Nath Pathak For the Respondent/s : Mr. Ajay Bihari Sinha G.A.-8 Mr. Neeraj Raj A.C. to G.A.-8

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 21-12-2016 Heard Mr. P.N. Pathak counsel for the petitioner and AC to GA-8 for the opposite parties.

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A show-cause is filed on behalf of the opposite party

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no.5.

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The application prays for initiation of contempt proceeding against the opposite parties for having wilfully violated the order dated 05.05.2015 passed in CWJC No. 12418 of 2007 whereby considering the grievance of the petitioner, the writ application was disposed of permitting the petitioner to file a

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Patna High Court MJC No.3405 of 2015 (2) dt.21-12-2016

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2/2

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representation before the Principal Secretary of the Minor Irrigation Department as well as the Chief Engineer who were directed to consider the said representation and take appropriate decision and/or pass appropriate order in accordance with law.

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Along with the show-cause a reasoned order dated 25.01.2016 passed by the Chief Engineer of the Department has been enclosed (Annexure-A). It is submitted on behalf of the opposite parties that the order of this Court was to consider and pass a reasoned order thereon has been complied with.

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Mr. Pathak, made diverse submissions to question the legality/correctness of the said order. Regrettably, such consideration cannot be made in the jurisdiction invoked by the petitioner. If the petitioner has any grievance thereagainst, he may approach the appropriate forum/authority/Court for redressal of his grievance in accordance with law. The present contempt proceeding is dropped.

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The application is disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

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Md. Sulaiman v. The State Of Bihar Through Mr. Anjani Kumar Singh Chief Secretary Govt. Of Bihar Patna and Ors.

Case brief

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Md. Sulaiman v. The State Of Bihar Through Mr. Anjani Kumar Singh Chief Secretary Govt. Of Bihar Patna and Ors.

Case brief

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