Patna High Court
Mumukshu Kumar Choudhary vs Bijendra Kumar on 22 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.443 of 2022
Arising out of
Miscellaneous Jurisdiction Case No.650 of 2022
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Mumukshu Kumar Choudhary, Male, aged about 51, son of late Jagdish
Choudhary, resident of village and P.O.- Palatpura, P.S.- Manpur, District-
Nalanda at Biharsharif, present posted as Director, D.R.D.A. Sitamarhi.
... ... Appellant/s
Versus
1. Bijendra Kumar, son of Ram Chandra Rai, resident of Village- Patania, Tola-
Bunyadi Tola, Ward No. 9, Block- Riga, District- Sitamarhi.
2. Ram Ekwal Prasad, son of Yogendra Sah, resident of Ward No. 1, Matiyar
Khurd, M. Kala Bihar, P.S.- Sariyara, District- Sitamarhi.
3. The State of Bihar.
4. Mr. Sunil Kumar Yadav, the District Magistrate, Sitamarhi.
5. Mr. Vinay Kumar, the District Development Officer, Sitamarhi.
6. Mrs. Epi Chaudhary, the District Certificate Officer, Sitamarhi.
7. Mr. Ashutush Anand, the Block Development Officer, Riga, District-
Sitamarhi.
8. Mr. Har Kishore Rai, the Superintendent of Police, Sitamarhi.
9. Mr. Sanjay Kumar, Office In-charge, Riga Police Station- Sitamarhi.
10. Rakesh Ranjan, Officer In-chage, Sahiyara Police Station, Sitamarhi. Vijay
Kumar Mishra, Male, aged about 37 years, son of late Indra Narayan
Mishra, resident of Ward No. 08, Dharampur, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pushkar Narain Shahi, Senior Advocate with
Mr. Mritunjay Kumar, Advocate
For the Respondent/s : Mr. Md. Shahid Siddiqui, AC to AAG 5
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)
Date: 22-12-2022
Heard Mr. Pushkar Narain Shahi, learned senior
counsel along with Mr. Mritunjay Kumar, learned counsel for
Patna High Court L.P.A No.443 of 2022 dt.22-12-2022
the appellant and Mr. Md. Shahid Siddiqui, learned AC to AAG
5 for the State.
2. The appellant has moved the Court being aggrieved
by judgment and order dated 03.08.2022 passed in MJC No. 650
of 2022 by the learned single Judge.
3. By the said order, the appellant has been directed to
be proceed against departmentally. On 03.11.2022, the Court
had passed detailed order and had granted leave to the appellant
to maintain the appeal and had also granted interim stay against
such order.
4. Learned counsel for the appellant submitted that
besides him not being made a party, no contempt had been
committed by him as has been noticed by the Court in its order
dated 03.11.2022. Further, it was submitted that because the
appellant at the relevant time, when the learned single Judge
was hearing the case, had taken over charge of another post, he
was neither heard nor present when the Court was considering
the matter. Thus, it was submitted that the appellant did not have
opportunity to explain his conduct. However, it was submitted
that the appellant has filed a supplementary affidavit in which
unconditional apology has been tendered for any inadvertent
mistake in making the observation to the effect that if the
Patna High Court L.P.A No.443 of 2022 dt.22-12-2022
certificate debtors do not deposit the entire certificate amount by
25.02.2021, bailable warrant would be issued against them
while passing the order dated 25.01.2021 in Certificate Case No.
01/2017-2018.
5. Having considered the issue, the Court finds that
the appellant is required to be given benefit of doubt and no
deliberate and willful disobedience can be said to be made out
against the conduct of the appellant.
6. However, the Court would observe that the
appellant is required to be careful and cautious and also mindful
of any order/observation made by the Court towards which he is
not only required to be sensitive but also to fully comply the
same. Learned counsel for the appellant assured that in future
the appellant would not commit such error.
7. Learned counsel for the State also does not oppose
the prayer of the appellant.
8. Having considered the submissions of learned
counsels for the parties and taking into consideration the factual
aspect, the appeal is allowed. The judgment and order of the
learned single Judge dated 03.08.2022 passed in MJC No. 650
of 2022 to the extent by which departmental proceeding has
been directed to be initiated against the appellant stands set
Patna High Court L.P.A No.443 of 2022 dt.22-12-2022
aside. If during the interregnum period the authorities have
started any departmental proceeding, the same shall also stand
closed.
(Ahsanuddin Amanullah, J)
(Sunil Dutta Mishra, J)
J. Alam/-
Anjani
AFR/NAFR
U
T
