Patna High Court
Dr. Minu MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Patna High Court disposed of the contempt petition, granting the petitioner liberty to challenge the termination order but not proceeding with contempt proceedings.
Summary
Dr. Minu Mishra filed a contempt petition seeking to punish the State of Bihar and officials for allegedly failing to comply with a September 25, 2019 order of the Patna High Court in C.W.J.C. No. 19817 of 2019. The petition alleged that despite the earlier order, the Director of Higher Education issued a memo on April 21, 2022 directing the termination of the petitioner’s service. The court examined the show‑cause notices served on the respondents and noted the existence of the termination memo. It granted the petitioner liberty to challenge the termination order but declined to proceed with contempt proceedings, disposing of the petition. Consequently, the contempt petition was dismissed without any penalty imposed on the respondents.
Issues considered
- Whether the respondents are in contempt of the Patna High Court’s order dated 25‑09‑2019.
- Whether the termination memo dated 21‑04‑2022 violates the earlier court order.
- Whether the petitioner is entitled to liberty to challenge the termination order.
Subjects
- contempt of court
- service termination
- higher education
- writ jurisdiction
- challenge of order
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1032 of 2021
In
Civil Writ Jurisdiction Case No.19817 of 2019
======================================================
Dr. Minu Mishra Daughter of Shri Nirmal Kumar Mishra, Resident of
Mohalla- Awdhesh Chowk, Kolhuarwa, P.O. and P.S.- Motihari, District- East
Champaran at present Principal, Shri Harihar Sanskrit College, Bakulhar
Math, Chanpatiya, District- East Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna namely Sanjay Kumar, Son of not known to the
Petitioner.
2. Sanjay Kumar Son of not known to the Petitioner the Principal Secretary,
Education Department, Govt. of Bihar, Patna.
3. Dr. Rekha Kumari Wife of not known to the Petitioner, the Director,
Department of Education, Government of Bihar, Patna.
4. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga through its Registrar namely Dr. Shiva Ranjan Chaturvedi, Son
of not known to the Petitioner.
5. Prof. Sashi Nath Jha, Son of not known to the Petitioner, the Vice
Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
6. Dr. Shiva Ranjan Chaturvedi, Son of not known to the Petitioner, The
Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
7. Shri Harihar Sanskrit College, Bakulhar Math, Chanpatiya, District- East
Champaran, Bihar through its Secretary.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Lalit Kishore (AG)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present matter has been preferred for :
“initiation of a contempt
proceeding against the contemnors-opposite
Patna High Court MJC No.1032 of 2021(3) dt.12-03-2026
2/2
Parties and to punish them for non
compliance of the Hon'ble Court's order
dated 25.09.2019 passed in C.W.J.C. No.
19817 of 2019 by Hon'ble Mr. Justice Anil
Kumar Upadhyay.”
3. Show-cause of Opposite Party Nos. 1 and 2 is on
record and Annexure shows that an order has been passed by the
Director, Higher Education vide Memo No. 906 dated
21.04.2022 by which the University has been directed to take
steps for immediate termination of the service of the petitioner.
4. Granting liberty to challenge the same, M.J.C No.
1032 of 2021 is disposed of.
(Rajiv Roy, J)
atul/-
U T
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