Abhishek Kumar @ Abhishek Jaiswal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Abhishek Kumar @ Abhishek Jaiswal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Litigation cost of Rs.5,000/- awarded to the petitioner for belated compliance; the MJC contempt petition stands dropped; liberty reserved to the petitioner to assail the compliance order dated 03.05.2024.

Issue for consideration

Whether the concerned respondent has complied with the directions of this Court to the extent of considering the petitioner's representation — this being the only scope of the contempt petition.

Court's answer

The concerned authority has committed contempt in not complying with the orders of this Court within the stipulated time, having slept over the matter for four years without explanation and without invoking any of the available remedies (Civil Review, I.A. for extension of time, or petition before the Hon'ble Supreme Court).

Ratio / Principle

Since compliance was ultimately effected, the MJC contempt petition stands dropped with litigation cost of Rs.5,000/- to be paid to the petitioner for the belated compliance.

Key takeaways

The petitioner is at liberty to assail the compliance order dated 03.05.2024 if he is not satisfied with it.ratio¶25

Detailed headnote1 paragraphs

Contempt/MJC (Patna High Court, Bench of P.B. Bajanthri & Alok Kumar Pandey, JJ.; oral judgment per P.B. Bajanthri, J.) — MJC No.1169 of 2020 filed for non-compliance of the order dated 06.01.2020 in CWJC No.22155 of 2018, whereby the petitioner was to submit a representation and the concerned authority was to pass a speaking order within three months. Though the concerned authority ultimately complied on 03.05.2024, it did so only after more than four years, sleeping over the matter without explanation and without invoking any available remedy (Civil Review, extension of time, or Supreme Court); the Court held that the authority thereby committed contempt. However, since compliance had been effected and the scope of contempt was confined to the question of compliance with the direction to consider the petitioner's representation, the MJC was dropped with litigation cost of Rs.5,000/- payable to the petitioner for the belated compliance, with liberty to assail the compliance order dated 03.05.2024 if dissatisfied.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1169 of 2020

In

Civil Writ Jurisdiction Case No.22155 of 2018

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Abhishek Kumar @ Abhishek Jaiswal S/o Sri Sunil Kumar Resident of - Power House Road, Rajendra Nagar, Begusarai, P.S. Begusarai, DistrictBegusarai.

... ... Petitioner/s

Versus

The State of Bihar Through Chief Secretary, Govt. of Bihar.

Mr. Deepak Kumar, The Chief Secretary, Govt. of Bihar, Patna.

Mr. Uday Singh Kumawat, Principal Secretary, Department of Health, Govt. of Bihar, Patna.

Mr. Ashok Kumar Singh, The Director in Chief, Bihar, Patna.

Mr. Arbind Kumar Verma, The District Officer, Begusarai.

Mr Krishna Mohan Verma, The Civil Surgeon, Begusarai.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Amrendra Kumar Sinha No.1, Advocate For the Opposite Party/s : Mr. Ajay Behari Sinha, Sr. Advocate (GA-8) : Mr. Neeraj Raj, Advocate (AC to GA-8),

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-05-2024

The present MJC is filed for non-compliance of the order dated 06.01.2020 passed in CWJC No.22155/2018. Limited direction was submission of representation on behalf of the petitioner and thereafter the concerned authority was required to pass speaking order within a period of three months from the date of receipt of the representation. Whereas the concerned respondents have taken their own time of more than four years in complying order on 03.05.2024. Even the petitioner is not satisfied with the compliance order.

Patna High Court MJC No.1169 of 2020 dt.07-05-2024 2/2

However, scope of contempt petition is only to the extent whether the concerned respondent has complied the directions of this Court to the extent of considering the petitioner’s representation or not?

Accordingly, the present MJC contempt petition stands dropped with litigation cost at Rs.5,000/- Cost shall be paid to the petitioner for belated compliance. In fact, the concerned authority has committed contempt in not complying the orders of this Court within the stipulated time. The concerned authority had all sorts of remedy in filing Civil Review, I.A. for extension of time and petition before the Hon’ble Supreme Court. Either of these remedies have been invoked, on the other hand, the concerned authority proceeded to sleep over the matter for four years without there being any explanation.

Accordingly, the present MJC No.1169/2020 stands dropped, petitioner is at liberty to assail the order dated 03.05.2024, if he is not satisfied.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

amitkumar/-

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	14.05.2024
Transmission Date	N/A