IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13716 of 2002
SHANKARANAND JHA .
Versus
THE STATE OF BIHAR & ORS .
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4 30.09.2010 While this case is sought to be argued by learned
counsel for the petitioner, learned counsel for the State and Bihar
Sanskrit Siksha Board have prayed for an adjournment for
enabling them to file their respective counter affidavit.
It has to be noted that on 1.7.2010 this Court, in
continuation of the earlier order dated 6.1.2003 had given an
opportunity to both the respondent officials of the State of Bihar as
also the Board to file their counter affidavit in the following
terms:-
“Counsel for the State and the counsel
for the Board are hereby directed to file a
comprehensive counter affidavit indicating the
number of sanctioned post available for the school at
all point of time right from 1980 when the school
started receiving grant in aid for payment of salary of
teachers and also reason for not approving the
services of the petitioner beyond the period of six
months in terms of the order of the Bihar Sanskrit
Shiksha Board contained in its Mrmo No. 2659 dated
7th October, 1982.”
It would thus to be clear that the respondent officials
of the Bihar Sanskrit Shiksha Board as also the State of Bihar have
not only not filed their counter affidavit in a period of almost eight
years but have also not complied specific order of this Court dated
1.7.2010 and therefore this Court would now call upon the
respondent nos. 4 and 6 to file a show cause as to why a
proceeding of contempt should not be initiated against them for
2
not complying the aforesaid order of this Court dated 1.7.2010.
The show-cause, if any, must be filed within a period of four
weeks and on the next date the aforementioned respondents 4 and
6 must remain personally present before this Court to explain their
such disobedience causing impediment in the dispensation of
justice by this Court.
List this case on 28th October, 2010 as a tied-up
matter.
Abhay Kumar ( Mihir Kumar Jha, J.)
