Patna High Court
Sahadeo MishraversusThe Union Of India Through The Sri Rajiv Gauba, Secretary, Home Affairs New Delhi and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The contempt petition is dismissed as withdrawn.
Summary
Sahadeo Mishra filed a contempt petition before the Patna High Court alleging that the Union of India, the Staff Selection Commission (SSC) and a commandant failed to comply with a 31 July 2012 order directing that, upon submission of his original documents, he would be considered for inclusion in a medical test. Mishra contended that he had produced the required documents to the SSC and the commandant, yet the medical test was never conducted, constituting contempt. He also sought to withdraw the petition, claiming the matter had become infructuous. The Court examined whether the respondents were in contempt and whether the petition could be withdrawn. Finding that the petitioner had voluntarily withdrawn the proceeding, the Court dismissed the contempt petition as withdrawn.
Issues considered
- Whether the respondents are in contempt of the order dated 31 July 2012 in C.W.J.C. No.13064/2012.
- Whether the petitioner may withdraw the contempt petition and have it dismissed.
Subjects
- contempt of court
- civil writ jurisdiction
- Staff Selection Commission
- medical test
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3152 of 2018
In
Civil Writ Jurisdiction Case No.13064 of 2012
======================================================
Sahadeo Mishra S/o Sri Ramanath Mishra, Resident of Village and P.O.-
Barka Gao, Mansingh Patti, P.S.- Industrial Area, District- Buxar.
... ... Petitioner/s
Versus
1. The Union Of India Through The Sri Rajiv Gauba, Secretary, Home Affairs
New Delhi
2. The Staff Selection Commission through Sri J.P. Garg, Secretary Madhya
Khestra Bailey Road, Allahab
3. Sri J.P. Garg, Deputy Director, Staff Selection Commission, Madhya Khestra
Bailey Road, Allahabad.
4. Sri Rajesh Tikkuj, The Commandant 27th Bn., Sima Suraksha Bal SSB
Narkatiyaganj, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shruti Sinha, Advocate
For the Opposite Party/s : Mr.S.D Sanjay Addl. Soc. Gen.
For S.S.C. : Mr. Radhika Raman, Sr. Panel Counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of Court of Contemnt
proceeding against the respondents who
dispute observation passed by this Hon'ble
Court in C, W. J. C.No. 13064/2012 order dt.
31.7.12 Passed by Hon'ble Mr. Justice S.N.
Hussain (as His Lordship then was) while
Patna High Court MJC No.3152 of 2018(3) dt.12-03-2026
2/3
dismissing the writ application of the
petitioner i.e. " if the petitioner produces
original documents within two weeks from
today before respondent no.4, the latter will
Consider the possibility of including him in
the Medical test if the same has not
Concluded. “have not Complied the same
even though the petitioner within time had
appeared before them and produced his
original documents and even approached
S.S.C., Allahabad on their direction and then
to S.S.C. Headquarter C.G.O. Complex New
Delhi an asked and submitted his original
documents on 4,9,12 whereafter then he was
told that he would be called, but the
Medical Test of the petitioner has not been
taken till date, which is Contempt of this
Hon'ble Court's order, or for any other order
of orders as your Lordships may deem fit
and proper under the Circumstances of this
case.
3. Learned counsel for the petitioner submits that the
Patna High Court MJC No.3152 of 2018(3) dt.12-03-2026
3/3
matter has become infructuous and as such he may be permitted
to withdraw the petition.
4. Accordingly, the contempt petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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