Patna High Court
Shaligram ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that because the government had complied with the order by making the required payments, no contempt had occurred.
Summary
The petitioner, Shaligram Choudhary, filed a contempt petition seeking initiation of contempt proceedings against the Director of the Urdu Directorate for allegedly willfully violating an order dated 06-07-2020 in CWJC 14266/2017. The petitioner claimed that the government had not complied with the order regarding payment of arrears of salary, provisional gratuity, and leave encashment. The court examined the records and found that the State had extended the payment of Rs.10,53,652 as arrears, sanctioned Rs.1,67,004 for provisional gratuity, and cleared Rs.1,01,848 for leave encashment, with all necessary authorizations issued. Since the statutory benefits had been granted and the payments made, the court held that there was no basis for contempt. Consequently, the contempt petition was disposed of, with the court indicating that any further grievance could be raised through appropriate channels.
Issues considered
- Whether the Director of the Urdu Directorate committed contempt of court by failing to comply with the order dated 06-07-2020 in CWJC 14266/2017.
Subjects
- contempt of court
- civil writ jurisdiction
- salary arrears
- provisional gratuity
- leave encashment
- government compliance
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1933 of 2021
In
Civil Writ Jurisdiction Case No.14266 of 2017
======================================================
Shaligram Choudhary Son of Late Umesh Choudhary Resident of Village-
Karjapatti, Post-Karjapatti, P.S.-Kamtaul, Distrit-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Director Suman Kumar, Raj Bhasa Bibhag, Old
Secretariat, Patna.
2. The Director, Urdu Directorate, Imtiaz, Ahmad Karimi, Department of
Ministerial Secretariat, Government of Bihar.
3. The District Collector, Sunil Kumar Yadav, Sitamardhi.
4. The Accountant General, Ramavatar Sharma, Bihar, Patna.
5. The Block Development Officer, Chandra Mohan Paswan, Sitamashi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Mohan Mishra, Advocate
For the Opposite Party/s : Mr.Gyan Prakash Ojha (Ga 7)
Mr. Ram Kinkar Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of contempt case/proceeding
against Director, Urdu Directorate,
Department of Ministerial Secretariat,
Government of, Bihar for willful violation
and disobedience of order passed in CWJC
14266/2017 order dated 06.07.2020.
3. Show cause of the opposite party is on record and
Patna High Court MJC No.1933 of 2021(3) dt.11-03-2026
2/2
the learned State counsel has taken this Court to paragraph 09
onwards which shows that the payment of Rs. 10,53,652/- on
account of arrears of salary has been extended. Further, Rs.
1,67,004/- has also been sanctioned on account of difference of
provisional gratuity pursuant to the benefit of ACP/MACP
which was already granted to the petitioner and the payments
have been made. Further, 1,01,848/- under leave encashment
amount has been cleared to the petitioner. All the papers were
sent to the Accountant General, Bihar for issuance of necessary
authorization letter.
4. In that background, if the petitioner still has any
grievance, he can very well agitate the matter. The opposite
party has taken decision and extended the benefits to the
petitioner pursuant to the extension of ACP and MACP to him.
In that background, the contempt petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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