Disposed

Raj Kumar Gandhi v. Mr. Dharmendra Kumar Gangwar and Ors.

Patna HC14 Sept 2018MJC/2923/2016

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition where the petitioner was absent. Since the Respondent-State filed a counter affidavit stating a promotion order was issued, the court relied on it without contradiction. The court observed that the petitioner retains the right to challenge specific grievances regarding the promotion in an appropriate court.

What did the court decide?

Contempt petition disposed of; petitioner advised that grievances regarding promotion can be challenged in appropriate court.

Raj Kumar Gandhi Vs Mr. Dharmendra Kumar Gangwar and Ors. — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2923 of 2016 In

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Letters Patent Appeal No.985 of 2006

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======================================================

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Raj Kumar Gandhi, Son of Late Ram Pratap Gandhi, resident of village - Rajaura, P.S. Begusarai Mufassil, District - Begusarai

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... ... Petitioner/s

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Versus

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Mr. Dharmendra Kumar Gangwar, The Principal Secretary, Education Department, Bihar, Patna

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Rajesh Kumar Singh, Director, Education ( Primary ), Bihar, Patna

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Mr. Dinesh Shafi, District Education Officer, Begusarai

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Mr. Dhanjay Upadhaya, District Project Officer ( Establist ) Begusarai

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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3 14-09-2018 A counter affidavit has been filed on behalf of the Respondent-State, in which it is stated that promotion order has been issued.

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There is no counter to the counter affidavit filed on behalf of the Respondent-State.

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Learned counsel for the petitioner is not present to dispute the above contention.

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Under the circumstances, we dispose off the present contempt petition.

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Patna High Court MJC No.2923 of 2016(3) dt.14-09-2018 2/2

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However, it is observed that if still any grievance remains, either with respect to the date of promotion and/or granting the promotion prospectively or any other grievance, in that case it will always open to the petitioner to challenge the same before the appropriate Court by way of appropriate proceeding, which may be considered in accordance with law and on its own merits.

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With the aforesaid observation/direction, we dispose off the present contempt petition.

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(Mukesh R. Shah, CJ)

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(Ashutosh Kumar, J)

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(Mohit Kumar Shah, J)

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skm/-

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Raj Kumar Gandhi v. Mr. Dharmendra Kumar Gangwar and Ors.

Case brief

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Raj Kumar Gandhi v. Mr. Dharmendra Kumar Gangwar and Ors.

Case brief

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