The single judge dismissed the contempt proceeding initiated against the State and University authorities. Liberty was granted to approach the appropriate forum if aggrieved.
Contempt proceeding dropped; liberty granted to approach appropriate forum if aggrieved.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3581 of 2018
In
Civil Writ Jurisdiction Case No.444 of 2018
======================================================
Krishna Kant Mishra S/o Late Abhinandan Mishra R/o Village- Dahaura Balia, P.S.- Manigachi, P.O.- Balia, Via- Sakri, District- Darbhanga
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Jha For the Opposite Party/s : Mr.Smt. Shilpa Singh - Ga 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
4 14-03-2019
Learned counsel for the petitioner submits that although the State authorities have rejected the recommendation of the University and it is only designed to defeat the direction issued by this Court, this step of State is mala fide and designed to overreach the direction issued by this Court.
Having regard to the limited jurisdiction of the Contempt Court and law laid down by the Apex Court in the case of Union of India and Others Vs. Subedar Devassy PV, reported in (2006) 1 SCC 613 reiterated in the case of Sudhir Vasudeva, Chairman and MD, Natural Gas Corporation Limited
Patna High Court MJC No.3581 of 2018(4) dt.14-03-2019 2/2
and Others Vs. M George Ravishekaran and Others reported in (2014) 3 SCC 373, the Court is not inclined to widen the scope of contempt jurisdiction.
Accordingly, the contempt proceeding is dropped. However, liberty shall be available to the petitioner, if
he aggrieved by the decision taken by the opposite party he may approach the appropriate forum/Court in accordance with law.
(Anil Kumar Upadhyay, J)
T.Kr./-
U
Krishna Kant Mishra
The State Of Bihar
Dr Sarva Narayan Jha
Dr Navin Kumar Jha
Karnal Navin Kumar
Anil Kumar Upadhyay
As recorded by the court registry
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