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2000 DIGILAW 979 (PAT)

Lal Bihari Ram v. State of Bihar

2000-08-09

R.N.PRASAD

body2000
ORDER In all these M.J.C. applications, prayer is to initiate contempt proceeding against the Opposite parties on account of their action in violation of the order of this Court passed in the connected writ case whereby on the submission made on behalf of the petitioner that writ petitions were squarely covered by the decision of this Court in the case of Devendra Kumar Mishra v. State of Bihar & ors., reported in 1999 (3) P.L.J.R. 700. Writ petitions were disposed of in terms of the general directions given in the case of Most. Rukmini Devi v. State of Bihar directing that the petitioner may file his claim in detail before the authority concerned, who shall consider the same and dispose of strictly in terms of the said general directions. The authorities were also directed to examine whether the case of the petitioner is squarely covered by the decision of this Court in the case of Devendra Kumar Mishra v. State of Bihar & ors. Learned counsel for the petitioner has submitted that despite the said judgment in the case of Devendra Kumar Mishra (supra) which squarely covered the case of the petitioner, opposite parties prematurely superannuated the petitioners from service. Learned counsel for the State has submitted that against the said judgment in the case of Devendra Kumar Mishra L.P.A. No. 396 of 2000 has been filed and a Division Bench of this Court vide order dated 7.8.2000 has passed ad interim order staying the operation of the said judgment/order. As such, according to him no case for contempt is made out. Learned counsel for the petitioner, however, in reply submitted that the said order is just an ad interim order till L.P.A. has been directed to be listed on 23.9.2000. Under such circumstances, in my opinion, it has rightly been submitted by the learned counsel for the State that no case for contempt at this stage is made out. All these M.J.C. applications are accordingly dismissed. However, if ultimately the judgment in the case of Devendra Kumar Mishra is affirmed by the Division Bench upon dismissal of L.P.A., the Opposite parties are bound to act accordingly without any wastage of time and if still they do not act accordingly petitioners will be at liberty to file two pages affidavit for revival of their M.J.C. application.