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Patna High Court

Balmukund PrasadversusThe State Of Bihar Through Mr. R. K. Mahajan, Principal Secretary, Human Resource Development Depar

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed and the application was disposed of.

Summary

Balmukund Prasad filed a petition in the Patna High Court seeking to initiate contempt proceedings against the State of Bihar and several education officials for allegedly willfully ignoring a court direction dated 19‑12‑2017 in CWJC No.7417 of 2016. The respondents filed a show‑cause notice and produced a letter dated 22‑06‑2018 indicating that the District Programme Officer had ordered the release of Rs.44,219 recovered from the petitioner, thereby satisfying the earlier direction. The court observed that if the petitioner still harboured any grievance, he could approach the appropriate forum. Consequently, the court disposed of the petition without ordering contempt proceedings. The matter was thus closed pending any further appropriate action by the petitioner.

Issues considered

  • Whether the respondents’ alleged failure to release the recovered amount amounts to contempt of the earlier court order dated 19‑12‑2017.

Subjects

  • contempt
  • civil writ jurisdiction
  • non‑compliance
  • court order enforcement
  • relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.1167 of 2018
                                                     In
                              Civil Writ Jurisdiction Case No.7417 of 2016
                 ======================================================
                 Balmukund Prasad S/o Late Gopi Prasad, Resident of vill. - Rampur
                 Kharjamma, P.O. Satnag, P.S. Chandi, District - Nalanda Bihar .

                                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar Through Mr. R. K. Mahajan, Principal Secretary, Human
                 Resource Development Depar
           2.    Mr. R.K. Mahajan, The Principal Secretary Human Resource Development
                 Department, Government of Biha
           3.    Mr. ........................., The District Education officer, Nalanda, Bihar.
           4.    Mr................................. The District Education officer, Nalanda, Bihar.
           5.    Mr. .........................., The     District    Programme     officer,    Education
                 Establishment office of D
           6.    Mrs. Renue Kumari, The Block Education officer, Chandi, Nalanda.
           7.    S. Surendra Kumar The Accountant General, Bihar, Patna.
           8.    Arun Minz, The Assistant / Deputy Accountant General, officer of the
                 Account General (A and E) Bihar, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :           Mr. Deepak Kumar Singh
                 For the State             :           Mrs. Silpa Singh, GA-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   30-04-2026                     Learned counsel for the petitioner undertakes to

                   remove the defect.

                                 2. Heard the parties.

                                 3. The present petition has been preferred for the

                   grant of following relief(s):

                                                       “for         initiating     the        contempt

                                        proceeding against the opposite parties for
            Patna High Court MJC No.1167 of 2018(3) dt.30-04-2026
                                                        2/2




                                         willfully and deliberately not complying with the

                                         direction issued vide order dated 19.12.2017

                                         passed by the Hon’ble Court in CWJC No.7417

                                         of 2016.”


                                   4. A show cause has come on behalf of the opposite

                      party no.4 and letter no.638 dated 22.06.2018 shows that the

                      District Program Officer (Establishment), Nalanda passed

                      necessary order for release of the amount that was recovered

                      from the petitioner (Rs.44,219/-).

                                   5. If the petitioner has still any grievance, can very

                      well agitate the matter before appropriate forum.

                                   6. Accordingly, the application stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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