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Patna High Court

Sahadeo MishraversusThe Union Of India Through The Sri Rajiv Gauba, Secretary, Home Affairs New Delhi and Ors

Decided
Disposal
WITHDRAWN

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The contempt petition is dismissed as withdrawn.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 The Court examined whether the respondents were in contempt and whether the petition could be withdrawn. Finding that the petitioner had voluntarily withdrawn the proceeding, the Court dismissed the contempt petition as withdrawn.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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