Awadesh Singh vs State of Bihar & Ors

Heard learned counsel for the parties.

This appeal has been filed against the judgment of the High Court dated 11.08.2010 by which judgment High Court refused to initiate the proceeding for contempt. The order dated 11.08.2010 passed by the High Court is as follows:

"In view of authoritative pronouncement by a Full Bench of this Court in the case of Ram Nath Prasad Singh Vs. State of Bihar, reported in 2009 (3) PLJR 384, grievances of the petitioner are now to be considered and dealt with by the authorities in terms of the said judgment.

Therefore, no case for initiating a proceeding of contempt is made out. This application is accordingly dismissed."

Learned senior counsel appearing for the appellant contends that the judgment of the Full Bench in Ram Nath Prasad Singh Vs. State of Bihar, which has been referred to in the impugned order, was not applicable in the case of the appellant. He submits that the High Court refused to initiate contempt relying on a judgment which was not applicable. He, however, admits that the appellant has retired long ago after attaining the age of superannuation.

The submission which has been raised by learned counsel for the appellant does not commend us. In event, the judgment of the Full Bench, as relied by the High Court, was not applicable, it ought to have been pointed out to the High Court and submissions should have been made giving reasons how the judgment was distinguishable. High Court was only called upon in that proceeding to take a decision as to whether initiate the contempt proceeding or not. A view was taken by the High Court relying on the judgment of the Full Bench of the Patna High Court that it was not a case of initiation of contempt.

We do not find any error in the order of the High Court. The appeal has no merit and the same is dismissed.