Patna High Court - Orders
Captain Surendra Prasad vs Bihar State Board Of Religious Trusts on 3 March, 2021
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5233 of 2019
In
Civil Writ Jurisdiction Case No.12897 of 2019
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1. Captain Surendra Prasad Son of Late Sri Parmeshwar Dayal Resident of
Heera Bhawan, M.P. Sinha Road, Kadamkuan, P.O.- Kadamkuan, P.S.-
Kadamkuan, District- Patna- 800003 Bihar.
2. Kumar Neeraj @ Kumar Niraj, Son of Nawal Kishore Prasad Sinha,
Resident of National Insaurance Colony, Mahatma Gandhi Nagar,
Kankarbagh, P.O.- Bahadurpur Housing Colony, P.S. Agamkuan, District-
Patna- 800026 Bihar.
... ... Petitioners
Versus
1. Bihar State Board of Religious Trusts through its Chairman, Vidyapati Marg,
Patna- 800001.
2. Akhilesh Kumar Jain, Chairman, Bihar State Board of Religious Trusts,
Vidyapati Marg, Patna- 800001.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
: Mr. Om Prakash Kumar, Advocate
: Mr. Sumit Kumar, Advocate
For the Opposite Party/s : Mr. Ganpati Trivedi, Sr. Advocate
: Mr. Madan Mohan, Advocate
: Ms. Pallavi Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 03-03-2021This application for initiation of a proceeding for contempt of this Court has been filed alleging willful disobedience and disregard to the order dated 12.09.2019 passed in CWJC No. 12897 of 2019 by this Court.
Since the order passed by this Court refers the prayer made in the writ application, this Court would take note of the prayers made in the writ application as under:-
"(i) Direction to State Government to immediately appoint Patna High Court MJC No.5233 of 2019(4) dt.03-03-2021 2/6 suitable Administrator of Bihar State Board of Religious Trust under section 8A of the Bihar Hindu Religious Trust Act, 1950 in view of the fact that entire functioning of the Board has come to a standstill in the absence of any Administrator since no Board has been duly constituted by the State Government under section 5 to 8 of the Bihar Hindu Religious Trust Act, 1950.
(ii) Direction to Bihar State Religious Board of Trusts to forthwith appoint the members of Trust Committee of Shri Sai Shiv Kripa Mandir Trust Board as recommended by Deputy Development Commissioner vide letter no. 1860 dated 03.12.2018.
(iii) The Petitioners further pray for any other relief/reliefs that the petitioners are entitled to in the fact and circumstances of the case."
It appears that the writ application was taken up for consideration on 12.09.2019. This Court having come to know that the Chairman of the Board has already been appointed, passed the following order:-
"Heard learned counsel for the petitioners and the learned counsel for the State. No one appears on behalf of the Bihar State Religious Trust Board (hereinafter referred as the 'Board').
Learned counsel for the petitioners submits that in view of the statements made in the counter affidavit and the notification dated 28.08.2019, now the Chairman of the Board has been appointed, therefore, this writ application may be disposed of in terms of the prayer made in paragraph '1 (ii)' of the writ application.
Learned counsel for the State has no objection to the same.
In the given facts and circumstances of the case, Patna High Court MJC No.5233 of 2019(4) dt.03-03-2021 3/6 the Board is directed to look into the grievance of the petitioners and take appropriate measures to appoint the members of the Trust Committee of Shri Sai Shiv Kripa Mandir Trust Board in terms of the paragraph '1(ii)' of the writ application.
Let the whole exercise be completed within a period of 60 days from the date of receipt/production of a copy of this order."
Learned counsel for the petitioners submits that in complete disregard to the order passed by this Court directing the Board to take appropriate measures to appoint the members of the Trust Committee in terms of para '1 (ii)' of the writ application, the Chairman of the Board has allowed many intervening facts to play a role in taking a decision with regard to the constitution of the committee. In the process, it will appear from Annexure 'A' to the show-cause filed on behalf of the O.P. No. 2 who is the Chairman of the Board that he considered a list received from the District Magistrate and another list from some persons who had claimed that the list was finalised in the Aam Sabha convened and held in the house of one person, the O.P. No. 2 also took into consideration a letter/recommendation from the Member of Parliament suggesting the name of a retired employee from the Reserve Bank of India for a particular post (Treasurer) and he also considered another letter from one Shri Birendra Prasad, a Patna High Court MJC No.5233 of 2019(4) dt.03-03-2021 4/6 retired officer from Bihar Administrative Service who had submitted his own profile for consideration. What has been done ultimately is that instead of acting in terms of the direction of this Court, the O.P. No. 2 has notified a Committee by accommodating a number of persons who were not there in the list contained in Letter No. 1860 dated 03.12.2018 sent by the Deputy Development Commissioner, Patna. The said list had also been approved by the Sub-Divisional Officer. Learned counsel submits that it is evident from Annexure - 'A' to the show-cause that the persons who were not there in the earlier list in terms of which the Chairman had to constitute a Committee have not only been accommodated but even the recommendations made by the Member of Parliament in respect of one of the persons for a particular post of 'Treasurer' has been abide by and in this way the order of this Court has been completely forgotten and the same has been done willfully and disobediently.
Mr. Trivedi, learned senior counsel representing the Board as well as Mr. Madan Mohan, learned counsel representing the O.P. No. 2 submit that the O.P. No. 2 has notified the names as contained in Annexure 'A' to the show- cause after receiving the several names from different persons Patna High Court MJC No.5233 of 2019(4) dt.03-03-2021 5/6 such as the District Magistrate, Member of Parliament and retired employee from the Bihar Administrative Service as also considered the list sent by some people after holding Aam Sabha. Learned senior counsel submits that earlier when the writ application was disposed of, the Board was not represented, hence while passing the order, this Court only referred the name of the persons included in the list of Deputy Development Commissioner. It is also one of his submissions that had the entire matter been brought on record, this Court would not have confined it's order to the list of the persons provided by the Deputy Development Commissioner.
After some contest, learned senior counsel for the Board and learned counsel for the O.P. No. 2, however, accepts that without getting the review of the order passed by this Court or seeking modification of the order of this Court, the O.P. No. 2 could not have issued Annexure - 'A' to the show-cause and to that extent there seems to be some bonafide misconception on the part of the O.P. No.2.
Be that as it may, what is evident to this Court is that O.P. No. 2 has acted completely in willful disregard to the order passed by this Court. It is more apparent on the face of the fact that the O.P. No. 2 comes from Superior Judicial Service and as Patna High Court MJC No.5233 of 2019(4) dt.03-03-2021 6/6 such he is in a better position to understand the order of this Court. Despite this if he has not followed the order of this Court and has tried to justify his act in the show-cause, this Court is of the considered opinion that he has made himself liable to be proceeded against by initiation of a contempt proceeding. The show-cause filed on behalf of O.P. No. 2 is rejected and he is called upon to appear in person on 15 th March, 2021 in this Court when the charge will be framed and the same will be served upon him for further progress in the contempt matter.
It will be open to him to purge the contempt before putting appearance in person.
List accordingly.
(Rajeev Ranjan Prasad, J) Rishi/-
U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.