Shankaranand Jha vs The State Of Bihar &Amp; Ors on 30 September, 2010

Patna High Court – Orders
Shankaranand Jha vs The State Of Bihar &Amp; Ors on 30 September, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.13716 of 2002
                               SHANKARANAND JHA .
                                        Versus
                           THE STATE OF BIHAR & ORS .
                                      -----------

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.)
 

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