IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.701 of 2011
Suresh Kumar
Versus
The State Of Bihar & Ors.
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8. 09.09.2011. In compliance of the order of the High
Court dated 23.08.2011 Opposite Party No. 7 is
present and has filed show-cause placing on
record the letter of the District Programme Officer,
Bhabua dated 25.10.2010, letter of the Director,
ICDS dated 23.2.2011 and her charge-report
dated 25.7.2011 and with reference to the three
documents has attempted to explain that she
could not accept the joining of the petitioner in
compliance of the order of the Collector, Bhabua
dated 31.3.2011, 19.04.2011, 27.5.2011,
Annexures-C,D,E to the show-cause filed on
behalf of Opposite Party No. 6, the District
Magistrate, Kaimur, as those orders were not
received by her.
It is quite evident from order of the
District Magistrate dated 31.3.2011, 19.4.2011,
27.5.2011 that Opposite Party No. 7 was directed
to accept the joining of the petitioner at Ramgarh
as the L.P.A. filed against the order of this Court
was dismissed under orders dated 22.2.2011.
It is submitted on behalf of Opposite Party
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No. 7 that the aforesaid order dated 31.3.2011,
19.4.2011, 27.5.2011 was never served on
Opposite Party No. 7. Such statement does not
appear to be correct as no such averment has
been made in the show-cause filed on behalf of
Opposite Party No. 7.
Counsel for Opposite Party No. 7 then
submitted that Opposite Party No. 7 has come
without the complete records from her office and
as such she could not make any statement about
receipt of the order dated 31.3.2011, 19.4.2011,
27.5.2011 in her show-cause.
Aforesaid submission of the learned
counsel has been noted but it is common
knowledge that before making any reply by filing
show-cause it is expected of the Opposite Party to
peruse the entire brief as also the show-cause filed
by the superiors. In the instant case Collector had
earlier filed the show-cause stating that Opposite
Party No. 7 did not accept the joining of the
petitioner and for such defiance the Collector
under Letter No. 1213 dated 14.6.2011, Annexure-
F to the show-cause of the Collector had
recommended departmental proceeding against
Opposite Party No. 7.
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In view of the aforesaid conduct of
Opposite Party No. 7, I have no option but to
proceed against her for deliberate violation of the
order of the High Court.
Let the Opposite Party No. 7 file
supplementary show-cause reply.
(V.N.Sinha,J.)
PKP