Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5125 of 2012 ====================================================== 1. Hari Lal Ram, son of late Agam Lal Ram @ Amar Nath Ram, resident of village Gayari, P.S. Araria, District Araria 2. Md. Fakruddin, son of late Md. Makbul Hasan, resident of village Gayari, P.S. Araria, District Araria 3. Rajendra Yadav @ Rajendra Prasad Yadav, son of late Sugai Yadav, resident of village Diyari (Gayari), P.S. Araria, District Araria 4. Dharam Nath Paswan, son of late Bangali Paswan, resident of village- Bhagat Tola, Ward No. 21, P.S. Araria, District Araria 5. Pankaj Paswan, son of late Madan Paswan, resident of village Hariyawara, Chistipur, P.S. Araria, District Araria 6. Sadhana Devi, wife of Dinesh Pd. Thakur, resident of village Araria, Ward No.6, P.S. Araria, District Araria 7. Bijay Kumar Mandal, son of Mohan Lal Mandal, resident of village Kasat, P.S. Sikty, District Araria 8. Birendra Kumar Rai, son of late Bhola Rai alias Rako Rai, resident of village Bhagat Tola, P.S. Araria, District Araria 9. Yugesh Pd. Tanti, son of Ganesh Lal Tanti, resident of village Gayari, P.S. Araria, District Araria 10. Anup Lal Sah, son of late Muni Lal Sah, resident of village Gayari, P.S. Araria, District Araria 11. Md. Imtiyaj Alam, son of Matiur Rahaman, resident of village Kharaiya, Basti, P.S. Araria, District Araria 12. Arun Kumar Bishwas, son of late Sahdeo Bishwas resident of village Kharhat, P.S. Raniganj, District Araria 13. Dilip Kumar Singh, son of Shree Lal Singh, resident of village Dainiya, P.S. Sikty, District Araria 14. Shiv Nandan Ram, son of late Utim Lal Ram, resident of village Indrapur (Barhara), P.S. Raniganj, District Araria 15. Md. Abid Husain, son of Md. Jaliluddin, resident of village Kuchah, P.S. Raniganj, District Araria 16. Rajman Ali @ Rajnam Ali, son of late Abdul Razzaquo, resident of village Azad Nagar, Ward No. 3, P.S. Araria, District Araria 17. Ram Deo Ram, son of late Utim Lal Ram, resident of village Dariyara, P.S. Bausi Basanti (Raniganj), District Araria 18. Md. Hasibur Rahman, son of late Sahid Bakho, resident of village Dhapi, P.S. Jjkihat, District Araria 19. Md. Sahwaz Alam, son of Mansoor Alam, resident of village Bara Kamat Chistipur, P.S. Araria, District Araria 20. Rajendra Ram, son of late Baldeo Ram, resident of village Krahbari, P.S. Bardaha, District Araria 21. Md. Inteshar Ansari, son of late Md. Badiuzzama, resident of village Kharaiya Basti, Ward No.9, P.S. Araria, District Araria 22. Dilip Kumar Sharma @ Dilip Sharma, son of Ganesh Lal Sharma, resident of village Gaiyari, P.S. Araria, District Araria 23. Md. Sadruddin, son of Sk. Kabiruddin, resident of village Gaiyari, P.S. Araria, District Araria 24. Md. Taslimuddin, son of late Md. Sharsuddin, resident of village Gaiyari, P.S. Araria, District Araria .... .... Petitioners
Legal Reasoning
Patna High Court MJC No.5125 of 2012 (7) dt.10-07-2013 2
Legal Reasoning
Versus 1. The State of Bihar through Sri A.K. Sinha, the Chief Secretary having his office in Old Secretariat, Police Station – Sachivalaya, District Patna 2. Brajesh Mehrotra, the Commissioner, Purnia Division, Purnia, having his office at Purnia Commissionary, Purnia 3. M. Sharwanan, the District Collector and District Magistrate, Araria 4. Kapileshwar Bishwas, the Additional Collector, Araria in Super Charge of District Establishment Section Collectorate, Araria 5. Budha Prakash, the Establishment Deputy Collector, Araria 6. Maheshwar Mochi, the Officer Superintendent Collector, Araria 7. Deepak Kumar, Secretary, The Administration and Administrative Reforms Department, Patna having his office at Old Secretariat, Police Station- Sachivalaya, District Patna the Commissioner-cum- and Personnel 8. C. Ashu Wardhan, the Secretary, Board of Revenue, Patna having his office at Old Secretariat, Police Station Sachivalaya, District Patna 9. Amarjeet Sinha, the Secretary, Health & Family Welfare Department, having his office at New Secretariat, Patna 10. Vimal Kant Thakur, the Chief Medical Officer cum Civil Surgeon, Araria (Purnia) .... .... Opp. Parties ====================================================== With Miscellaneous Jurisdiction Case No.3981 of 2012 ====================================================== 1. Md. Ismail, son of late Samshul Haque, resident of village Gaiyari, P.S. Araria, district Araria. 2. Shawood Alam, son of Mahmood Alam, resident of village Gaiyari, P.S. Araria, district Araria. 3. Md. Mahfooz Alam @ Md. Mahfooz, son of Sirajuddin, resident of village Rupauli, P.S. Raniganj, district Araria. Versus 1. The State of Bihar 2. Sri Navin Kumar, son of name not known to the petitioner, at present the Chief Secretary having his office in Old Secretariat, Police Station Sachivalaya, District Patna. 3. Sri Brajesh Mehrotra, son of not known to the petitioner, at present posted as the Commissioner, Purnea Division, Purnea, having his office at Purnea Commissionery, Purnea. 4. Sri M. Sharvanan, son of name not known to the petitioner, present posted as the District Collector and District Magistrate, Araria. 5. Sri Kapileshwar Bishwas, son of name not known to the petitioner, at present posted as the Additional Collector, Araria in Super Charge of District Establishment Section Collectorate, Araria. 6. Sri Budha Prakash, son of name not known to the petitioner, at present posted as the Establishment Deputy Collector, Araria. 7. Sri Maheshwari Mochi, wife of name not known to the petitioner, the Office Superintendent Collector, Araria. 8. Sri Deepak Kumar, son of name not known to the petitioner, at present posted as the commissioner cum Secretary, Administration and Patna High Court MJC No.5125 of 2012 (7) dt.10-07-2013 3 Personnel And Administrative Reforms Department, Patna having his office at Old Secretariate, Police Station, Sachivalaya, District Patna. 9. Sri C. Ashu Wardhan, son of name not known to the petitioner, at present posted as the Secretary, Board Of Revenue, Patna having his office at Old Secretariat, Police Station Sachivalaya, District Patna. 10. Sri Amarjeet Sinha, son of name not known to the petitioner, at present posted as the Secretary, Health And Family Welfare Department having his office at New Secretariat, Patna 11. Sri Vimal Kant Thakur, son of name not known to the petitioner, at present posted as the Chief Medical Officer cum Civil Surgeon, Araria (Purnea) --------Opp. Parties ===================================================== With Miscellaneous Jurisdiction Case No.3982 of 2012 ====================================================== 1. Md. Bazlul Alam, son of Md. Mahboob Alam, Resident of village- Sishona, P.O.- Gaiyari, P.S.- Araria, District Araria 2. Md. Gayasuddin, son of Late Md. Ahamsuddin, Resident of village- Gaiyari Sishona, P.S. Araria, District Araria 3. Gulam Sarwar, son of Md. Tameezuddin, Resident of village- Islamnagar, Ward No. 13/20, P.S. Araria, District Araria 4. Bijendra Kumar Ram alias Birendra Kumar Ram, son of Nengru Ram, resident of village Jai Prakash Nagar, Ward No.7, P.S. Araria, District Araria 5. Santosh Kumar Sah, son of Sohan Lal Sah, Resident of village- Om Nagar, Bajrangi Tola, Ward No. 6, P.S. Araria, District Araria 6. Md. Abid Hussain, son of late Md. Qamruddin Resident of village- Gaiyari Sishona, P.S. Araria, District Araria 7. Md. Wazuddin, son of Md. Makinuddin, Resident of village- Gaiyari Sishona, P.S. Araria, District Araria 8. Bankim Chandra Jha, son of Naubat Lal Jha, Resident of village- Ramai,Ward No.7, P.S. Forbesganj, District Araria 9. Rameeshwar Das, son of Ram Prit Das, resident of village Chhitrouli, P.S. Goraul, Vaishali 10. Raghubir Pd. Bhagat, son of Baijnath Pd. Bhagat, Resident of Mohalla- Kali Bazar, Ward No.10, P.S. Araria, District Vaishali 11. Syed Alim Hussain, son of late Imdad Hussain, Resident of Mohalla Azad Nagar, Ward No.13, P.S. Araria, District Araria … Petitioners Versus 1. The State of Bihar 2. Sri Navin Kumar, son of name not known to the petitioner, at present Chief Secretary having his office in old Secretariat, Police Station Sachivalaya, District Patna 3. Sri Brajesh Mehrotra, son of name not known to the petitioner, at present posted as the Commissioner, Purnea Division, Purnea, having his office at Purnea Commissionery, Purnea 4. Sri M. Sharvanan, son of name not known to the petitioner, present posted as the District Collector and District Magistrate, Araria Patna High Court MJC No.5125 of 2012 (7) dt.10-07-2013 4 5. Sri Kapileshwar Bishwas, son of name not known to the petitioner, at present posted as the Additional Collector, Araria in Super Charge of District Establishment Section Collectorate, Araria 6. Sri Budha Prakash, son of name not known to the petitioner, at present posted as the Establishment Deputy Collector, Araria 7. Sri Maheshwar Mochi, wife of name not known to the petitioner, the Office Superintendent Collector, Araria 8. Sri Deepak Kumar, son of name not known to the petitioner, at present posted as the Commissioner-cum- Secretary, The Administration and Personnel and Administrative Reforms Department, Patna having his office at Old Secretariat, Police Station Sachivalaya, District Patna 9. Sri C. Ashu Wardhan, son of name not known to the petitioner, at present posted as the Secretary, Board of Revenue, Patna having his office at Old Secretariat, Police Station- Sachivalaya, District Patna 10. Sri Amarjeet Sinha, son of name not known to the petitioner, at present posted as the Secretary, Health & Family Welfare Department, having his office at New Secretariat, Patna 11. Sri Vimal Kant Thakur, son of name not known to the petitioner, at present posted as the Chief Medical Officer-cum- Civil Surgeon, Araria (Purnea) ….. Opp. Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 7 10-07-2013 In compliance of the order of the High Court under contempt, which is dated 20.10.2011, 22.11.2011, 28.02.2012 and different orders passed in these three contempt petitions, the authorities have considered the matter in the District Appointment Committee presided by the District Magistrate, Araria under proceedings dated 5.4.2013 and 6.7.2013, which is contained in Annexures E and G to the show cause filed on behalf of District Magistrate, Araria and in the light of the said proceeding four petitioners have been appointed on Class IV post in Araria Collectorate and its attached offices. The remaining petitioners, if not satisfied with the said proceeding, may challenge the same by filing another writ petition.
Decision
The three contempt petitions are, accordingly, disposed of. Rajesh/- (V.N. Sinha, J)