SATYA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Prasad Singh, learned senior counsel for the Petitioner and Mr. Jawahardhari Singh, learned G.P. 1 for the State.

(2.) It is stated by learned Counsel for the Petitioner that during the pendency of this writ application in defiance of this Court's order dated 4.7.2002 whereby and whereunder operation of the order of transfer as contained in Annexure 14 was stayed, the Petitioner has been relieved by the Civil Surgeon, Jamui vide order dated 10th July, 2602 as contained in Annexure 18 to the supplementary affidavit. Learned Counsel, therefore, submitted that the Respondents are liable to be proceeded against for committing contempt of this Court's order dated 4.7.2002.

(3.) In view of the statement made in the supplementary affidavit and particularly with reference to Annexure 18, learned G.P. 1 stated that the Petitioner has not been relieved and he prayed for some time so that an affidavit may be filed on behalf of the Commissioner-cum-Secretary of the department. The case, accordingly, was deferred for today. An affidavit has been filed today on behalf of the Commissioner cum-Secretary, Health Department, Government of Bihar, Patna and a categorical statement has been made in paragraph 3 of the affidavit stating therein that the Petitioner has been allowed to stay and he has not been relieved. In this connection, it would be pertinent to quote the statement made in paragraph 3 of the affidavit: