The High Court at Patna, in a contempt proceeding, held that the court cannot examine the correctness of the District Programme Officer's decision dated 24.12.2018. The petitioner was granted liberty to approach appropriate proceedings under law.
Liberty granted to the petitioner to file an appropriate proceeding if aggrieved by the decision dated 24.12.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4079 of 2018
In
Civil Writ Jurisdiction Case No.6386 of 2018
======================================================
Anil Kumar Das son of late Siya Ram Das, resident of village+P.O.+P.S.Ismailpur, District-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar and Ors ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamal Kumar Sinha For the Opposite Party/s : Mr.Shrimati Shilpa Singh Ga 12
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 19-02-2019
Heard learned counsel for the petitioner and the counsel
appearing on behalf of the State.
Having regard to the limited scope of the contempt court as laid down by the Apex Court reported in ( 2006)1 SCC 613 Union of India and Ors.Vs. Subedar Devassy and (2014) 3 SCC 373, the Court exercising contempt jurisdiction is not supposed to examine the correctness of the decision and issue any fresh direction, accordingly, the Court is not persuaded to enlarge the scope of the contempt jurisdiction and examine the correctness of the decision of the District Programme Officer (Establishment), Bhagalpur dated 24.12.2018 in the present proceeding. However, liberty shall be available to the petitioner, if he is aggrieved by the decision dated 24.12.2018 in appropriate proceeding in accordance with law.
With the aforesaid, the present application stands disposed
of.
(Anil Kumar Upadhyay, J)
Ravi/- U
2 issues framed by the court
Whether the contempt court can examine the correctness of the decision of the District Programme Officer (Establishment) dated 24.12.2018
Whether the scope of contempt jurisdiction can be enlarged to examine correctness of the decision below
Anil Kumar Das
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
