IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.4020 of 2009
DR. DEOVRAT NARAYAN SINGH
Versus
THE STATE OF BIHAR & ORS.
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03. 23.02.2011 Heard learned counsel for the petitioner and for
the opposite parties.
The writ Court on 7.8.2008 directed the
respondents to take steps for making a regular
appointment on the post of Superintendent in the
Government Rajkiya Ayurvedic College and Hospital,
within a maximum period of three months from the date of
receipt and/or production of a copy of the order. Ad-hoc
appointment as Superintendent was to cease thereafter.
The petitioner is stated to have submitted a copy
of the Court’s order before the Secretary, Department of
Health on 5.9.2008. He alleges that not only was the order
of the Court not complied with by appointment of a regular
Superintendent in due time, but Ad-hoc appointment has
been perpetuated even after expiry of six months by
bringing in a fresh incumbent as Superintendent.
A show cause has been filed on behalf of the
opposite party no.5, the Deputy Director on 9.2.2011 long
after expiry of the time fixed for compliance. Paragraph-5
of the show cause states that it was a cumbersome process
to make a regular appointment of Superintendent and that
the opposite parties require more time. It is not the case of
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the opposite parties that they have filed any application for
extension of time fixed by the Writ Court.
Compliance with official formalities can be no
defence in a contempt proceeding alleging flouting of the
order of the Court.
Prima facie, it appears that the opposite parties
have willfully flouted the order of the Court.
Let the opposite party no.3 appear in person
before the Court to show cause as to why charges be not
framed against him for flouting the order and direction of
the Court.
List this matter on 13th of April, 2011 within first
five cases.
P.K ( Navin Sinha, J.)