Patna High Court Weekly Round-Up: August 14 To August 20, 2023

Shailja Vajpe vs. The Patna Municipal Corporation and Others 2023 LiveLaw (Pat) 91

Rajanish Kumar Mishra and Others vs. The State of Bihar and Others 2023 LiveLaw (Pat) 92

Rakesh Kumar @ Chandan Mandal And One Another Vs. The State Of Bihar Bihar 2023 LiveLaw (Pat) 93

Judgements/Orders This Week

In A Sunday Sitting, Patna High Court Initiates Contempt Case Against 5 Municipal Officers For Carrying Out 'Demolition' In Face Of Interim Order

Case Title: Shailja Vajpe vs. The Patna Municipal Corporation and Others

Case Citation: 2023 LiveLaw (Pat) 91

In an unusual move, the Patna High Court held a hearing on a Sunday and instructed its registry to launch a contempt case against five officials of the Patna Municipal Corporation (PMC). The action comes in response to the deliberate defiance of the court's order, whereby the officials proceeded with the demolition of a building on Saturday, despite the order reserved in the case on Friday.

'Not Equally Placed In Service As Govt Teachers': Patna High Court Dismisses Plea By 117 Contract [Niyojit] Teachers Against Grade Pay Denial

Case Title: Rajanish Kumar Mishra and Others vs. The State of Bihar and Others

Case Citation: 2023 LiveLaw (Pat) 92

The Patna High Court has recently rejected a writ petition lodged by 117 'Niyojit' [contract] teachers who alleged discrimination meted out to them by denying grade pay for a period of two years from the initial appointment. The teachers, who were also trained professionals, contended that they were unfairly denied grade pay, a privilege granted to trained teachers in regular government employment.

Non-Examination Of Injured Victim Deprives Accused Of Opportunity To Cross-Examine: Patna High Court Orders Acquittal In Attempted Murder Case

Case Title: Rakesh Kumar @ Chandan Mandal And One Another Vs. The State Of Bihar Bihar

Case Citation: 2023 LiveLaw (Pat) 93

Citing non-examination of the injured victim and the trial court's failure to appreciate the evidence of prosecution witnesses, the Patna High Court has set aside the conviction of two for alleged offence of attempted murder punishable under Section 307, read in conjunction with Section 34 of the Indian Penal Code.

Justice Alok Kumar Pandey observed, "In the present appeal, from perusal of initial version of FIR, it is crystal clear that even the informant is not eye witness of the alleged occurrence as he arrived at the place of occurrence after hearing noise and he is not victim of the present case. The victim, who is mother of the informant, sustained injury but she has not been produced before the court for adducing evidence."

Other Developments

Frame Guidelines For Early Rehabilitation, Preventing Multiplication Of Stray Dogs: Patna High Court Directs State Govt, DGP

Case Title - Akrity Aishwarya vs The State of Bihar and Others

In an attempt to manage the population of stray dogs, the Patna High Court has directed the Chief Secretary, the Director General of Police and the Secretary of the Panchayati Raj Department to frame guidelines for early rehabilitation of stray dogs as well as to prevent their multiplication.

"The District Administration will do well to issue notices to its officers both in the Revenue and Police Department as also those in the Local Administration, to keep a watchful eye on the stray dogs and prevent multiplication and early rehabilitation on spotting of stray dogs and thus attempting to nip the problem at the budding stage," the Court said while dealing with a Public Interest Litigation (PIL) plea to stop the killing of stray dogs by ‘inhuman method of shooting’.