IN THE HIGH COURT OF JUDICATURE AT PATNA M.A.No.88 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM R/O VILL CHAKDAH, P.S.&DISTT-MADHUBANI,AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER, SIWAN , DISTT-SIWAN ….. RESPONDENT/ APPELLANT. Versus 1. RAMDEO YADAV S/O LATE MAHENDRA YADAV R/O VILL MURA KHAP, P.S.DARAULI, DISTT-SIWAN,AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT.BASIK SCHOOL,DARAULI MATHIA,DISTT-SIWAN. …. PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR, THROUGH SHRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA, 3. SHRI ASHUTOSH, THE DIRECTOR PRIMARY EDUCATION BIHAR, PATNA, 4. SRI RAMESH DAMIAN KUJUR, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN AT DIVISION, AT CHAPRA, 5. SRI UMESH TIWARI, THE RANGE EDUCATION OFFICER MAIRWA, DISTT-SIWAN, 6. SRI PRAABHAKAR JHA, THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN 7. SMT. VANDANA PREYESHI, THE DISTRICT MAGISTRATE, SIWAN, 8. SRI RAVINDRA KUMAR SINGH, THE DISTRICT TREASURY OFFICER SIWAN, 9. SRI BRAJ KISHORE PANDEY , THE HEAD MASTER-CUM DRAWING & DISBURSING OFFICER ( NAME NOT KNOWN) GOVT. BASIK SCHOOL DARAULI MATHIA, P.S.DARAULI, DISTT-SIWAN. ….RESPONDENTS-RESPONDENTS 2ND SET. WITH M.A. No.89 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM, R/O VILL- CHAKDAH, P.S & DISTT- MADHUBANI, AT PRESENT POSTED AS DISTRICT EDUCATION, OFFICER, SIWAN, DISTT- SIWAN. …………….RESPONDENT/APPELLANT. Versus - 2 - 1. KUMARI DEO SUNDARI D/O LATE GOPI NATH RAI, W/O SRI RAM BAHDUR RAI R/O VILL- KEWATALIA, P.S DARAULI, DISTT- SIWAN…….PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR, THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRTARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. SRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, 4. SRI RAMESH DAMIAN KUJUR, THE RGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT CHAPRA, 5. SRI UMESH TIWARI , THE RANGE EDUATION OFFICER, MAIRWA, DISTT- SIWAN 6. SRI VANDANA PREYASHI, THE DISTRICT MAGISTRATE, SIWAN, 7. SRI PRABHAKAR JHA THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 8. THE DISTRICT TREASURY OFFICER(NAME NOT KNOWN TO THE APPELLANT), SIWAN 9. THE HEAD MASTER CUM DRAWING AND DISBURSING OFFICER (NAME NOT KNOWN TO THE APPELLANT) GOVT. BASIK SCHOOL MAUJA, ANCHAL, DARAULI, DISTT- SIWAN. …. RESPONDENTS-RESPONDENTS 2ND SET. WITH M.A. No.90 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM R/O VILL.- CHAKDAH, P.S. & DISTT.- MADHUBANI, AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER, SIWAN, DISTT.- SIWAN …………..RESPONDENT/ APPELLANT. Versus 1. MAHESH PRASAD YADAV S/O LATE DEODHARI YADAV R/O VILL.- BALUA MATHIA, P.S. DARAULI, DISTT.- SIWAN, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT. BASIK SCHOOL, DARAULI MATHIA, DISTT.- SIWAN . …PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA, - 3 - 3. SRI ASHUTOSH, THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA, 4. SRI RAMESH DAMIAN KUJUR, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION AT CHAPRA, 5. SRI UMESH TIWARI, THE RANGE EDUCATION OFFICER MAIRWA, DISTT.- SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN. 7. SMT. VANDANA PREYASHI,THE DISTRICT MAGISTRATE, SIWAN, 8. THE DISTRICT TREASURY OFFICER, (NAME NOT KNOWN TO THE PETITIONER), SIWAN 9. SRI BRAJ KISHORE PANDEY, THE HEAD MASTER - CUM - DRAWING & DISBURSING OFFICER GOVT. BASIK SCHOOL JAIJOR, ANCHAL ANDAR, DISTT.- SIWAN…RESPONDENTS-RESPONDENTS 2ND SET. WITH M.A. No.91 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM R/O VILL.- CHAKDAH, P.S. & DISTT.- MADHUBANI, AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER, SIWAN, DISTT.- SIWAN. … RESPONDENT/ APPELLANT. Versus 1. KESHAV KUMAR MISHRA S/O LATE RAVINDRA NATH MISHRA R/O VILL.- DARAULI MATHIA, P.S. DARAULI, DISTT. SIWAN, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT. BASIK SCHOOL, DARAULI MATHIA, DISTT.- SIWAN. ……………..PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. SRI ASHUTOSH, THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA, 4. SRI RAMESH DAMIAN KUJUR, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION AT CHAPRA. 5. SRI UMESH TIWARI, THE RANGE EDUCATION OFFICER MAIRWA, DISTT.- SIWAN, 6. SRI PRABHAKAR JHA, THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, - 4 - 7. SMT. VANDANA PREYESHI, THE DISTRICT MAGISTRATE SIWAN 8. SRI RAVINDRA KUMAR SINGH, THE DISTRICT TREASURY OFFICER, SIWAN 9. SRI BRAJ KISHORE PANDEY, THE HEAD MASTER - CUM - DRAWING & DISBURSING OFFICER GOVT. BASIK SCHOOL DARAULI MATHIA, ANCHAL- DARAULI, DISTT.- SIWAN……….. RESPONDENTS-RESPONDENTS 2ND SET. WITH M.A No.92 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM R/O VILL CHAKDAH,P.S.&DISTT-MADHUBANI,AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER,SIWAN,DISTT- SIWAN……………….RESPONDENT-APPELLANT. Versus 1. BRAJRAJ BHAKTA S/O SRI RAM NATH BHAKTA R/O VILL BALUAN,P.S.DARAULI,DISTT-SIWAN, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT. BASIK SCHOOL JAIJOR,DISTT-SIWAN ……..PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR,THROUGH SRI ANJANI KUMAR SINGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA, 3. SRI ASHUTOSH, THE DIRECTOR, PRIMARY EDUCATION BIHAR,PATNA, 4. SRI RAMESH DAMIAN KUJUR, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION, AT CHAPRA, 5. SRI UMESH TIWARI, THE RANGE EDUCATION OFFCIER MAIRWA,DISTT-SIWAN, 6. SMT. VANDANA PRIYADARSHI, THE DISTRICT MAGISTRATE, SIWAN, 7. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN,DISTRICT EDUCATION ESTABLISHMENT COMMITTEE SIWAN, 8. THE DISTRICT TREASURY OFFICER, SIWAN 9. SRI VIDYA SHANKAR DWIVEDI ,THE HEADMASTER-CUM- DRAWING AND DISBURSING OFFICER GOVT.BASIK SCHOOL JAIJOR,ANCHAL ANDAR,DISTT-SIWAN ……….RESPONDENT/ RESPONDENTS 2ND SET. WITH M.A.No.93 of 2010 JYOTI KUMAR S/O LATE SRI RAM CHANDRA RAM, R/O VILL- CHAKDAH, P.S & DISTT- MADHUBANI, AT PRESENT - 5 - POSTED AS DISTRICT EDUCATION OFFICER, SIWAN, DISTT- SIWAN………RESPONDENT/APPELLANT. Versus 1. NAND JI PRASAD S/O LATE KHUBLAL SAH R/O VILL BALWN, P.S DARAULI, DISTT- SIWAN, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT. BASIK SCHOOL, BALA JALALPUR, DISTT- SIWAN. …. PETITIONER/RESPONDENT 1ST SET. 2. THE STATE OF BIHAR, THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMNET DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. SRI ASHUTOSH, THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, 4. SRI RAMESHDAMIAN KUJUR, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT CHAPRA, 5. THE RANGE EDUCATION OFFICER, MAIARWA, DISTT- SIWAN, 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN, 7. SRI VANDANA PREDARSHI, THE DISTRICT MAGISTRATE, SIWAN, 8. THE DISTRICT TREASURY OFFICER, SIWAN, 9. THE HEAD MASTER-CUM-DRAWING AND DISBURSING OFFICER, (NAME NTO KNOWN) GOVT. BASIK SCHOOL, BALA JALALPUR, P.S- LAKRI NAVIGANJ, DISTT- SIWAN. … RESPONDENTS-RESPONDENTS 2ND SET. WITH M.A No.94 of 2010 JYOTI KUMAR S/O LATE RAM CHANDRA RAM, R/O VILL- CHAKDAH, P.S & DISTT- MADHUBANI, AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER, SIWAN, DISTT- SIWAN Versus 1. SHEO JEE YADAV S/O LATE BANSH RAI YADAV, R/O VILL-BALUAN MATHIA, PO- BALUAN MATIHA, P.S DARAULI, DISTT- SIWAN, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN THE GOVT. BASIK SCHOOL, JAIJOR, ANCHAL ANDAR, DISTT- SIWAN….. PETITIONER/RESPONDENT 1ST SET. - 6 - 2. THE STATE OF BIHAR, THROUGH SRI ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. SRI ASHUTOSH THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, 4. SRI RAMESH DAMIAN KUJUR THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT CHAPRA 5. SRI SHAMBHU NATH TRIPATHI, THE RANGE EDUCATION OFFICER, MAIRWA, DISTT- SIWAN, 6. SMTVANDANA PRIYADARSHI, THE DISTRICT MAGISTRATE, SIWAN 7. SRI BABHAKAR JHA, THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN 8. SRI RAVINDRA KUMAR SINGH, THE DISTRICT TREASURY OFFICER, SIWAN, 9. SRI VIDYA SHANKAR DWIVEDI THE HEAD MASTER- CUM-DRAWING & DISBURSING OFFICER, GOVT. BASIK SCHOOL, JAIJOR, ANCHAL ANDAR, DISTT- SIWAN. …….RESPONDENTS-RESPONDENTS 2ND SET. For the appellants : Mr. Durgesh Nandan, Advocate For the respondents 1st set : Mr. Umesh Kumar Mishra, Advocate --------- 03. 08.02.2010. Heard Mr. Durgesh Nandan, learned counsel for the appellants and Mr. Umesh Kumar Mishra, learned counsel for the respondents. 2. In these appeals assail is to the common order dated 02.12.2009 passed by the learned Single Judge in M.J.C. No.1893 of 2008 (Sadanand Baitha & anr Vs. The State of Bihar & ors) and other connected matters wherein he has held as follows:- “Thus, it would be seen that notwithstanding judgment of this Court delivered on 20.05.2008 first authorities start moving in March, 2009, contempt applications having been filed in July-August, 2008 itself. Then they await not the result but filing of the L.P.A. as if the authorities have a - 7 - right not to implement the judgment of this court because they intend to file L.P.A. and so long as they sleep over the matter, they can stay the implementation of the judgment of this court. This I say because up to April, 2009 i.e. for whole of year the L.P.A was not filed. Then when it was filed and summarily dismissed then again there are only letters which run from pillar to posts without delivery. It is regretted that till today which is more than 1 and ½ years after the judgment and almost 8 months after dismissal of L.P.A. the petitioners are yet to reap full benefit of the judgment of this Court. This clearly shows the reluctance on parts of the Regional Deputy Director, Education, Saran, and the District Education Officers, Chapra and Siwan to take effective steps for giving the benefit of the judgment to the petitioners without any undue favour. That is indeed a serious matter. It affects the majesty of Court, the dignity of Court and is destructive of rules of law in every aspect. All steps are calculated steps to delay if not deny implementation of orders of this Court. Where efforts were made to comply the orders of this Court like by the District Education Officer, Gopalganj, he was pulled up by the Regional Deputy Director, Education. In such a situation, I am left with no options but to hold the Regional Deputy Director, Education, Saran, the District Education Officer, Siwan and the District Education Officer, Chapra, guilty of willful committing contempt of this Court. In view of the undertaking earlier given by the Director, Primary Education that entire payment would be clear within two months as recorded in order dated 20.11.2009 I direct that each of the petitioners be compensated with a cost of Rs.20,000/- (Rupees twenty thousand) which would be recovered from these three officers, but payment to the petitioners would not await recovery. That would be an adequate punishment for the contempt they have committed. All these contempt applications in so far as these contemnors are concerned stand discharged in the manner indicated above.” 3. Mr. Durgesh Nandan, learned counsel appearing for one of the contemners stated that the amount which is payable to the writ petitioners who had initiated the proceeding for contempt has been paid. Learned counsel submitted that when the order has been - 8 - complied in entirety there was no justification on the part of the learned Single Judge to direct payment of compensation by way of costs at Rs.20,000/- to be recovered from the contemners. Be it noted, Rs.20,000/- has been awarded as costs for each of the writ petitioners. On a query being made, Mr. Umesh Kumar Mishra, fairly stated the major amount has been paid but some amount still is due. 4. Having heard learned counsel for the parties and upon perusal of the order of the learned Single Judge, we are of the considered opinion that when steps have already been taken and assurance for payment has been made, there was no justification to impose costs which did tantamount to punishment for contempt. We are disposed to think they were making all endeavour to comply with the order of this court and hence a finding that they had committed contempt should not have been recorded and also taking note of the fact the major amount has already been paid and what remains to be paid is in the realm of dispute, we are inclined to set aside that part of the order where the learned Single Judge has found them guilty and imposed punishment. We further hold that in case any dispute remains, as agreed to Mr. Durgesh Nandan, if a representation is made within a period of three months, the same shall be looked into within a period of three months therefrom and an order shall be communicated. 5. In the result, these appeals are allowed and the order passed in the MJC is set aside to the extent indicated above. As we - 9 - have disposed of the appeals, nothing would remain to be adjudicated in the MJC and, accordingly, it shall be deemed to have been disposed of. If any other grievance is alive as conceived by the learned counsel for the respondents, it is open to them to file independent petition, if so advised. 6. A copy of this order be kept in the file of each MJC. (Dipak Misra, C.J.) (Mihir Kumar Jha, J.) Sunil/