High Court Patna High Court - Orders

Babulal Mahto vs The State Of Bihar & Ors on 14 October, 2011

Patna High Court – Orders
Babulal Mahto vs The State Of Bihar & Ors on 14 October, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Miscellaneous Jurisdiction Case No.1955 of 2011
                                        Babulal Mahto
                                             Versus
                                The State Of Bihar & Ors
                                ----------------------------------

04/ 14.10.2011 In compliance of my order dated

29.9.2011, the District Superintendent of Education/

District Programme Officer, Begusarai is present and

has filed show cause stating that he joined the post on

13.7.2011 but at the time of joining, order of the High

Court dated 6.1.2010 passed in MJC No. 2979 of

2008 alleging non-compliance whereof this petition

has been filed was not within his cognizance and he

learnt about the same on 10.10.2011 and partial

compliance of the said order has been made as

joining of the petitioner has been accepted and further

time of one month be granted for making payment to

the petitioner.

It is not understandable as to how the

District Programme Officer, Begusarai had no

information about the order dated 6.1.2010 when he

joined the post on 13.7.2011. Present contempt

petition was filed on 27.4.2011 and first taken up for
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admission on 14.9.2011 when two weeks time was

allowed to A.C. to G.A.-3 for seeking instruction in

the matter and to report compliance of the order of

the High Court. In the light of the indulgence granted

under order dated 14.9.2011, no instruction was

received from the District Programme Officer,

Begusarai then this Court under orders dated

29.9.2011 again adjourned the matter to 14.10.2011

at 4.00 P.M. directing the District Superintendent of

Education/ District Programme Officer, Begusarai to

be present in this Court. In spite of these two orders,

the District Programme Officer, Begusarai states that

he had no information about the order of the High

Court dated 6.1.2010 until 10.10.2011. Such

statement of the District Programme Officer,

Begusarai prima facie does not appear to be correct.

Acceptance of joining of the petitioner is also

meaningless as he is not being paid even his current

salary.

Accordingly, I initiate a proceeding of

contempt against the District Programme Officer,

Begusarai to show cause as to why he be not
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punished for non-compliance of the order dated

6.1.2010, who prays for and is granted two weeks

time to file show cause reply.

Put up on 3.11.2011 at 10.30 A.M. when

the Advocate General will appear in this matter, as

learned G.A.-3 is not present.

Arjun/                                    ( V. N. Sinha, J.)