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B. R. GAVAI, J. B. PARDIWALA
State of Bihar – Appellant
Versus
Ghanshyam Prasad Singh – Respondent
| Table of Content |
|---|
| 1. compliance with court orders is necessary. (Para 1 , 2 , 3) |
| 2. judiciary's authority should not be misused. (Para 4 , 5 , 6 , 7 , 8) |
| 3. temporary stay on high court's order. (Para 9 , 10 , 11) |
ORDER :
1. The present matter arises out of an order passed by the learned Division Bench of the High Court of Patna issuing bailable warrants to the Additional Chief Secretary, Educational Department, Government of Bihar, Patna.
2. Shri A.N.S. Nadkarni, learned senior counsel submits that in spite of a detailed affidavit of compliance being placed, the Division Bench has passed the aforesaid order. He has placed on record the orders passed by the Bench consisting of one of the learned Judges in 143 matters wherein the Senior Officers of the State Government have been directed to personally appear.
3. It is further to be noted that the learned counsel appearing on behalf of the respondent himself states that the directions which were issued have been complied with and the respondent has no grievance with regard to any of the action or inaction of the State Officers.
4. No doubt that the authorities of the State are bound to comply with the directions issued by the High Court.
5. In
The court ruled that the personal presence of Government Officers in contempt proceedings should not be casually mandated, emphasizing their duty to perform official responsibilities.
A court exercising bail jurisdiction is limited to adjudicating the release of an accused person and lacks the legal authority to issue wide-ranging administrative directions involving executive depa....
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