Disposed¶26

Sanjay Kumar Gupta v. The State of Bihar

Patna HC3 May 2024MJC/2393/2019

Case brief

AI extract

What is this about?

Patna High Court MJC No. 2393 of 2019, decided 03-05-2024; enforcement/non-compliance of order dated 14.09.2018 in LPA No. 989 of 2010; belated compliance in 2024 (06.04.2024 / 06.02.2024 as printed); clear case of Contempt of Court but only litigation cost imposed; cost Rs. 10,000/- payable to petitioner Sanjay Kumar Gupta within 8 weeks; increment inferred from salary difference June 2011 Rs. 14,701/- vs July 2011 Rs. 15,734/-; respondents: State of Bihar Education Department officials; MJC stands dropped; coram P.B. Bajanthri (author) and Alok Kumar Pandey.

What did the court decide?

Litigation cost of Rs. 10,000/- awarded to the petitioner, payable within 8 weeks; MJC No. 2393 of 2019 stands dropped upon recording belated compliance. ¶26

Sanjay Kumar Gupta Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2393 of 2019 In

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Letters Patent Appeal No.989 of 2010

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Sanjay Kumar Gupta S/o Late Bajrangi Prasad R/O Vill.- Chhotki Salimpur Kalimandir Golamber, P.S.- Buxar, Distt.- Buxar

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... ... Petitioner/s

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Versus

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The State of Bihar through R.K. Mahajan, the Secretary-cum-Commissioner, Department of Education, Bihar, patna

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Rabindra Kumar Verma the Director, Primary Education, Bihar, patna

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Raghwendra Singh the District Magistrate, Buxar

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Vijay Kumar Jha the District Education Officer

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Rameshwar Singh the District Superintendent of Education, Buxar

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Amit Narayan, Advocate For the Opposite Party/s : Mr.Sumant Kumar Singh, Ac to Ga 2 Mr.Vinay Kriti Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

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HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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10 03-05-2024

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The present MJC No. 2393 of 2019 is filed for non-

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compliance of the order passed in LPA No.989 of 2010. LPA was disposed of after 9 years on 14.09.2018. Thereafter, MJC was filed in the year 2019. Whereas, order dated 14.09.2018 passed in LPA No. 989 of 2010 has been complied in the year 2024 on 06.04.2024. There is enormous delay in complying the orders of this Court. In fact, on 19.04.2024 we could not understand the calculation. Therefore, we have summoned the concerned official who has prepared the calculation sheet in which increment column was not reflected. The official has admitted that there is no column in respect of grant of

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Patna High Court MJC No.2393 of 2019(10) dt.03-05-2024 2/2

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increment. However, he has pointed out difference of salary for the month of June and July, 2011. For example, for the year 2011 in the month of June petitioner was extended salary of Rs. 14,701/- whereas in the month of July, he has been extended the salary of Rs. 15,734/-. Therefore, one has to draw inference increment has been awarded in the month of July.

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2. Taking note of these facts and circumstance, there is compliance to order of this Court highly belatedly. Therefore, it is a case for award of litigation cost. Cost has been determined at Rs. 10,000/- (Rupees Ten Thousand Only). Cost shall be paid to the petitioner within a period of 8 weeks from the date of receipt of this order, for the reasons that 2018 order has been implemented by the official respondent on 06.02.2024. In fact, it is clear case of Contempt of Court. Having regard to the fact that they have complied orders belatedly, we proposed to award only litigation cost in the above terms.

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3. Accordingly, the present MJC No. 2393 of 2019 stands dropped.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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abhishekkr/- U

Sanjay Kumar Gupta v. The State of Bihar

Case brief

What is this about?

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Sanjay Kumar Gupta v. The State of Bihar

Case brief

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