Patna High Court - Orders
Rampati Das vs The State Of Bihar & Ors on 23 July, 2014
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 1782 of 2013
In
Civil Writ Jurisdiction Case No. 9957 of 2012
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Rampati Das S/O Late Sukhlal Das Resident of Village- Sonebhadra, P.O-
Sonbhadra, Police Station- Karpi, District- Arwal.
.... .... Petitioner
Versus
1. The State of Bihar, Through Shri Shasi Shekhar Sharma, The Principal
Secretary, Department of Animal Husbandry Government of Bihar, Bikas
Bhawan, Secretariat, Patna.
2. Sri Devendra Kumar, Secretary, Department of Animal Husbandry
Government Of Bihar, Bikas Bhawan, Secretariat, Patna.
3. Sri Rajesh Kumar, Director Animal Husbandry, Government of Bihar,
Bikas Bhawan Secretariat, Patna.
4. Sri Upendra Sharma, The Regional Director, Animal Husbandry,
Government of Bihar, Animal Husbandry, Central Region (Near Vetenary
College), Patna.
5. Sri Akshya Das, Assistant Director, Cattle Department, In- Charge,
Cattle Development Project (Regional Level), Bikram, District- Patna.
6. Sri I.C.D.S. Dhaliwal, Accountant General, Bihar, Birchand Patel Path,
Patna.
.... .... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Ghanshyam Sharma
For the Opp. Party /s : AC to GP-18
Mr. L.P.K.Rajgrihar
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
3. 23-07-2014Heard Sri Ghanshyam Sharma, learned counsel for the petitioner, learned A.C. to Govt. Pleader - 18 as well as Sri L.P.K.Rajgrihar, learned counsel for Accountant General, Bihar.
The present petition has been filed to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to the order dated 17-07-2012 passed in C.W.J.C. No. 9957 of 2012. A bench of this Court, presided over by Patna High Court MJC No.1782 of 2013 (3) dt.23-07-2014 2/3 Hon'ble Mr. Justice P.C.Verma, as he then was, had disposed of the writ petition with following observation:-
"Grievance of the petitioner is that his pay scale has not been revised and his pension as per the revised pay scale has also not been fixed. The petitioner's representation is pending in this regard. The Director, Animal Husbandry, Govt. of Bihar, is directed to decide the representation of the petitioner within a period of one month from the date of receipt/production of a copy of this order.
Writ petition is disposed of."
In this case, show cause has been filed on behalf of Accountant General, Bihar as well as opposite party no. 1 to 5. Alongwith show cause, the opposite party/State has brought on record an order passed by the Director, Animal Husbandry, which is dated 06-08-2013, kept as Annexure 'A' to the show cause of opposite party no. 1 to 5.
Learned counsel for the State submits that in compliance with the order of the writ court, the representation of the petitioner was examined and reasoned order has been passed, which is Annexure 'A'.
Learned counsel for the petitioner has tried to persuade the Court that order passed by the Director, Animal Husbandry is not in consonance with law and there are apparent error.
Patna High Court MJC No.1782 of 2013 (3) dt.23-07-20143/3
Be that as it may, since in compliance with the order of the writ court, a speaking order has already been passed by the Director, Animal Husbandry, the Court is of the opinion that in contempt proceeding, this Court may not examine the correctness of the order. If the petitioner feels aggrieved with the order, he would be at liberty to avail appropriate remedy.
The petition stands disposed of.
(Rakesh Kumar, J.) Anay U