IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3961 of 2010
BRAJ BHUSHAN PRASAD SINGH & ANR. .
Versus
THE STATE OF BIHAR & ORS. .
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05. 22.06.2011 From the supplementary show cause filed on
behalf of opposite party no.3 it appears that decision of the
committee of Secretaries for absorption of the employees
of the dissolved Board was approved by the Hon’ble Chief
Minister and sent to the council of ministers for further
approval vide HRD Department letter no.2083 dated
17.6.2011. The cabinet considered the memorandum on
21.6.2011 but the memorandum has been returned with
queries, which is likely to be dealt with and placed in the
next cabinet. Final decision including notification is likely
to be issued within one month from today so submitted the
counsel for the State. In this connection, it is relevant to
point out that in terms of the provisions of Sub-Section-(2)
of Section 4 of the Bihar Inter University Board (Repeal)
Act, 2007 the decision about absorption of the employees
of the dissolved Board should have been taken within a
time frame indicated in the Act but such decision could
not be taken within the time indicated in the Act and the
matter remained pending, whereafter the matter came to
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this Court and under orders dated 19.4.2010 this Court
granted four months’ time to take such decision. Before
expiry of four months application was made for extension
of time granted under orders dated 19.4.2010. Before such
application could be taken up, the time prayed for
extension had already lapsed. During the hearing of this
contempt petition also matter has been adjourned from
time to time so as to enable the authorities of the
Government to take decision in the matter of absorption of
the employees of the dissolved Board. After rejection of
the earlier show cause under order dated 20.5.2011 the
matter was considered by the Hon’ble Chief Minister and
forwarded to the cabinet for decision on 17.6.2011.
Put up after four weeks maintaining its position
in the same list, but it is made clear that if by that date
notification in terms of Sub-Section-(2) of Section 4 of the
Repeal Act is not issued this Court shall pass appropriate
order in the matter. While this order is being passed Mr.
Anjani Kumar Singh, Principal Secretary, Human
Resources Development Department is present.
Rajesh/ ( V. N. Sinha, J.)