Dismissed

Rakesh Prasad v. The State Of Bihar Through Mr. Deepak Kumar, The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Patna HC7 Mar 2019MJC/3850/2018

Case brief

AI extract

What is this about?

Oral order dropping contempt proceedings citing Apex Court precedents on limited contempt jurisdiction. Liberty granted to petitioner to approach appropriate forum for grievances against opposite party.

What did the court decide?

Contempt proceeding dropped; liberty granted to approach appropriate forum regarding Annexure-3.

What the court decided

Rakesh Prasad Vs The State Of Bihar Through Mr. Deepak… — Contempt of Court | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3850 of 2018

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Civil Writ Jurisdiction Case No.17990 of 2017

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Rakesh Prasad S/o Shree Nagina Ram, Resident of Village- Sarsar, P.S.Siwan Muffasil, District- Siwan, Presently posted as Biology Teacher at High School cum Inter College, Puchlakhi, Siwan.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through Mr. Deepak Kumar, The Chief Secretary, Govt. Of Bihar, Patna.

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Mr. R. K. Mahajan, Principal Secretary, Education Department, Government of Bihar, Patna.

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Mrs. Sujata Chaturvedi, The Principal Secretary, Finance Department, Government of Bihar.

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Mr. Rajeev Ranjan Prasad, The Director, Secondary Education Department, Govt. of Bihar, Patna.

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Prabhat Ranjan Singh, AC to AAG-15 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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4 07-03-2019

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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 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.

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Accordingly, the contempt proceeding is dropped.

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Patna High Court MJC No.3850 of 2018(4) dt.07-03-2019 2/2

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However, liberty shall be available to the petitioner, if he aggrieved by the decision taken by the opposite party vide Annexure-3, he may approach the appropriate forum/Court in accordance with law.

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With the aforesaid liberty the present application stands disposed of.

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(Anil Kumar Upadhyay, J)

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T.Kr./-

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Rakesh Prasad v. The State Of Bihar Through Mr. Deepak Kumar, The Chief Secretary, Govt. Of Bihar, Patna and Ors.

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Rakesh Prasad v. The State Of Bihar Through Mr. Deepak Kumar, The Chief Secretary, Govt. Of Bihar, Patna and Ors.

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