Patna High Court
Nitesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents had complied with the earlier order, so no contempt of court occurred.
Summary
The petitioner, Nitesh Kumar Singh, obtained a judgment from the Patna High Court quashing his termination as a police constable and directing his reinstatement with full salary. The State of Bihar and several senior police officials were alleged to have willfully disobeyed that order, leading the petitioner to file a contempt petition under the Contempt of Courts Act, 1971. The court examined a show‑cause memorandum and a subsequent memo showing that the Senior Superintendent of Police had indeed been reinstated and salary released in compliance with the earlier judgment. Finding that the respondents had complied with the court’s directions, the bench concluded that there was no contempt. Accordingly, the contempt proceedings were dismissed and the petition was disposed. The court also allowed the petitioner to raise any further grievance if it persisted.
Issues considered
- Whether the respondents willfully disobeyed the High Court order dated 4‑02‑2021 directing reinstatement and payment of salary
- Whether the conduct of the respondents amounts to contempt of court under the Contempt of Courts Act, 1971
Legislation cited
Subjects
- contempt of court
- reinstatement
- service termination
- police service
- salary payment
- high court order compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1155 of 2021
In
Civil Writ Jurisdiction Case No.7865 of 2020
======================================================
Nitesh Kumar Singh S/o Narendra Kumar Singh Resident of Village -
Garhara Khurd, P.O. and P.S. - Brahmpur, District - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Home (Police)
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Mr. Chaitanya Prasad, Home (Police)
Department, Government of Bihar, Patna.
3. The Director General of Police, Mr. Sanjeev Kumar Singhal, Bihar, Patna.
4. The Inspector General of Police, Mr. Ganesh Kumar, Muzaffarpur Zone,
District - Muzaffarpur.
5. The Deputy Inspector General of Police, Mr. Manu Maharaj, Saran Range,
District - Chapra.
6. The Deputy Inspector General of Police (Personnel), Mr. Ranjit Kumar
Mishra, Bihar, Patna.
7. The Superintendent of Police, Mr. Anand Kumar, District - Gopalganj.
8. The Senior Superintendent of Police, Patna Mr. Upendra Kumar Sharma,
District - Patna.
9. The Police Inspector-cum-Conducting Officer, Mr. Arun Malakar, Mirganj
Circle, District - Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Giri, 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 proceeding
under the provision of contempt of
Court's Act, 1971 against the opposite
parties for their willful disobedience
Patna High Court MJC No.1155 of 2021(3) dt.12-03-2026
2/3
and flagrant violation of the order
dated 4.02.2021 passed in CJWC No.
7865 of 2020 (Nitesh Kumar Singh -Vs-
The State of Bihar & Others) by a
bench presided by Hon'ble Mr. Justice
Ashutosh Kumar, whereby and
whereunder his lordship has quashed
the Order of termination of the
petitioner from the post of Constable
issued vide memo no. 1062 dated
15.06.2020 on basis of an identical
order passed in CWJC No. 7906 of
2020 vide order dated 6.01.2021 and
further directed that all consequences
of quashing of the impugned order shall
follow and accordingly the petitioner is
directed to be reinstated forthwith. The
Hon'ble Court further allowed the full
salary and other emoluments for the
period during which the petitioner
remained out of service because of the
illegal Order passed by the Director
Patna High Court MJC No.1155 of 2021(3) dt.12-03-2026
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General-cum- Inspector General of
Police.”
3. Show-cause on behalf of the Senior Superintendent
of Police, Patna is on record along with which is the Memo No.
17875 dated 23.11.2022 which shows that following the order
passed by this Court he was reinstated from the service from the
date of his dismissal along with all the pay. The further
document shows that the salary amount has also been released
in his favour.
4. Granting liberty to agitate if some grievance still
remains, MJC No. 1155 of 2021 is disposed of.
(Rajiv Roy, J)
atul/-
U T
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