The High Court disposed of the appeal preferring to challenge the imposition of personal cost on Appellate Counsel. Noting the fine was paid and contempt proceedings dropped, the Court held the cost was not stigmatic.
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
Letters Patent Appeal No.237 of 2022
In
CIVIL REVIEW No.23 of 2022
======================================================
The Joint Secretary, Law Department, Govt. of Bihar, Patna.
... ... Appellant/s
Versus
... ... Respondent/s
| =================== Appearance : |
=================================== |
|---|---|
| For the Appellant/s : |
Mr. Sarvesh Kumar Singh, A.A.G.-13 Ms. Smriti Singh, A.C. to A.A.G.-13 |
| Mr. Rajat Kumar Tiwary, A.C. to A.A.G.13 | |
| For the Respondent/s : =================== |
Mr. =================================== |
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Patna High Court L.P.A No.237 of 2022 dt.06-12-2022 2/6
Date : 06-12-2022
Heard Mr. Sarvesh Kumar Singh, the learned Addl. Advocate General No. 13 for the appellant.
Patna High Court L.P.A No.237 of 2022 dt.06-12-2022 3/6
Single Judge gets an impression that he had misled the Court even for a while, but certain facts need to be noted before disposing of this appeal.
adjudication.
Patna High Court L.P.A No.237 of 2022 dt.06-12-2022 4/6
No. 28 of 2022 held that prima facie, the proposed contemnor has not committed any willful disobedience of the order dated 21.12.2021 passed in C.W.J.C. No. 284 of 2020.
to be realized from his pocket and not from the
Department and such amount to be deposited with the Patna High Court Legal Services Committee within a time-frame.
Patna High Court L.P.A No.237 of 2022 dt.06-12-2022 5/6
A.A.G. 13 submits that the amount has already been paid and the appellant does not have any intentions to have the amount indemnified by the State, but only submits that such imposition of cost from his pocket be not ever read against him in his service records.
Patna High Court L.P.A No.237 of 2022 dt.06-12-2022 6/6
for this Court to infer that such imposition of cost is not
stigmatic.
appeal stands disposed off.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
PraveenII/Anuradha
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 09.12.2022 |
| Transmission Date | N/A |
2 issues framed by the court
Whether an appeal against the imposition of personal cost on the Joint Secretary, Law, can be dismissed as the fine was already paid by him.
Whether the imposition of cost on the personal pocket of the Joint Secretary, Law, amounts to stigmatization in his service records.
The Joint Secretary, Law Department, Govt. of Bihar
The State of Bihar
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
