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Patna High Court

Saroj RazakversusThe State of Bihar through Mr. Sanjay Kumar,

Decided
Disposal
DISPOSED

Holding

The court disposed of the contempt petition, granting the petitioners liberty to challenge the memo that negated their salary claim.

Summary

Petitioners Saroj Razak and Sanjeev Kumar Razak sought contempt proceedings against several state officials for allegedly refusing to comply with a February 4, 2020 order directing the respondents to consider the petitioners' claim for salary payment and to pass a suitable order within three months. The respondents filed a show‑cause notice and the State counsel relied on a memo dated January 10, 2023 issued by the District Programme Officer, which negated the petitioners' claim. The High Court granted the petitioners liberty to challenge the memo and disposed of the contempt petition (M.J.C. No.1035 of 2021). The court therefore did not proceed with contempt proceedings pending the outcome of the challenge to the memo.

Issues considered

  • Did the opposite parties willfully disobey the direction dated 04‑02‑2020 in C.W.J.C. No.1989/2020?
  • Should contempt proceedings be initiated against the opposite parties?
  • Is the Memo No.03 dated 10‑01‑2023, which negated the petitioners' salary claim, legally valid?

Subjects

  • contempt
  • salary claim
  • government order
  • show‑cause notice
  • district programme officer
  • high court
  • disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1035 of 2021
                                                     In
                               Civil Writ Jurisdiction Case No.1989 of 2020
                 ======================================================
           1.     Saroj Razak daughter of Sri Daroga Baitha Resident of village Basmaanpur
                  Agarwa, Post Pataura, Police Station- Mofussil Motihari, District- East
                  Champaran.
           2.    Sanjeev Kumar Razak son of Sri Daroga Baitha Resident of village
                 Basmaanpur Agarwa, P.S. - Mofussil Motihari, District- East Champaran.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Mr. Sanjay Kumar, Principal Secretary, Human
                 Resource Development Department, Govt. of Bihar, Patna.
           2.    Dr. Ranjit Kumar Singh, Director, Primary Education, Bihar, Patna.
           3.    Mr. Shirsat Kapil Ashok, District Magistrate, East Champaran.
           4.    Dr. Vinodanand Jha, District Education Officer, Motihari, East Champaran.
           5.    Mr. Ashwini Kumar, District Programme Officer, Literacy, Motihari, East
                 Champaran.
           6.    Mr. Amod Kumar Singh, Block Education Officer, Motihari Sadar Block,
                 East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Kunushwar Kumar GP 17
                 ======================================================
                 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      appropriate

                                              contempt proceedings against the opposite

                                              parties   for    willful    and        deliberate

                                              disobedience of the direction and order

                                              dated 04.02.20 passed in C.W.J.C. no.
             Patna High Court MJC No.1035 of 2021(3) dt.12-03-2026
                                                         2/2




                                                  1989/2020 by Hon'ble Mr. Justice Prabhat

                                                  Kumar Jha, whereby the Hon'ble court has

                                                  directed the respondents to consider the

                                                  case of the petitioners for payment of

                                                  salary and pass order within three months

                                                  from the date of receipt of the order”.

                                    3. A show-cause on behalf of the Opposite Party Nos.

                       4 and 5 is on record and learned State counsel has taken this

                       court to the order vide Memo No. 03 dated 10.01.2023 issued by

                       the District Programme Officer (Secondary Education &

                       Literacy) East Champaran, Motihari. According to which the

                       claim of the petitioner has been negated.

                                    4. Granting liberty to challenge the same, M.J.C. No.

                       1035 of 2021 is disposed of.



                                                      (Rajiv Roy, J)
atul/-

U        T


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