Patna High Court

Kshemendra MohanversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court granted the petitioners liberty to pursue contempt proceedings against the respondents.

Summary

The petitioners, three headmasters, filed a writ petition seeking contempt proceedings against several education officials for allegedly flouting a judicial order dated 26‑02‑2020 in C.W.J.C. No. 3993 of 2020. The respondents filed a show‑cause that the matter had been considered by a committee headed by the District Education Officer and the petitioners' claim was rejected on 30‑06‑2020. The High Court examined whether the respondents’ actions amounted to contempt of the earlier order. The Court held that the petitioners were entitled to proceed with contempt proceedings and granted them liberty to agitate the matter. Consequently, the petition was allowed to move forward for contempt action.

Issues considered

Did the respondents willfully disregard the judicial order dated 26‑02‑2020?
Is the petition for contempt of court maintainable in the present circumstances?

Subjects

contempt of court
judicial order
civil writ jurisdiction
education department
promotion and transfer committee

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.1237 of 2020
                                          In
                    Civil Writ Jurisdiction Case No.3993 of 2020
     ======================================================
1.    Kshemendra Mohan Son of Late Shri Vinodanand Mishra Resident of
      Mohalla- Maithil Tola, Hisua, Police Station- Hisua, District- Nawada. At
      present posted and working as a Headmaster in Govt. Middle School Teyar,
      Block- Akbarpur, District- Nawada.
2.   Mithilesh Kumar Mishra Son of Late Kamla Kant Mishra Resident of
     Village- Somsa, Police Station- Hisua, District- Nawada. At present posted
     as a Headmaster in Upgraded Middle School Gariba, Block- Rajauli,
     District- Nawada.
3.   Sanjay Kumar Sudhanshu Son of Shri Kedar Prasad Resident of Village-
     Kurmi Tola, Near- Midil School, Police Station- Hisua, District- Nawada. At
     present posted as a Headmaster in Upgraded Middle School Dhaab Sirdala,
     Block- Sirdala, District- Nawada.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar.
2.   Mr. R.K. Mahajan, the Additional Chief Secretary-cum- the Principal
     Secretary, Education Department, Govt. of Bihar, Patna.
3.   Mr. Ranjeet Kumar, the Director, Primary Education, Bihar, Patna.
4.   Mr. Kameshwar Kamti, the Regional Deputy Director of Education, Magadh
     Division, Gaya.
5.   Mr. Sanjay Kumar Chaudhary, the District Education Officer-cum- the
     Chairman, District Elementary Teachers Promotion and Transfer Committee,
     Nawada.
6.   Mr. Sanjay Kumar Chaudhary, the District Education Officer, Nawada.
7.   Mr. Anand Kumar, the District Programme Officer (Establishment)-cum- the
     Member Secretary, District Elementary Teachers Promotion and Transfer
     Committee, Nawada.
8.   Mr. Anand Kumar, the District Programme Officer (Establishment) Nawada.
9.   Smt. Asha Rani, the Block Education Officer, Akbarpur, District- Nawada.
10. Mr. Maheshwari Ravi Das, the Block Education Officer, Rajauli, District-
    Nawada.
11. Smt. Asha Rani, the Block Education Officer, Sirdala, District- Nawada.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr. Umesh Kumar Mishra, Advocate
     For the Opposite Party/s :   Mr. Lalit Kishore, AG
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
          Patna High Court MJC No.1237 of 2020(2) dt.12-03-2026
                                                      2/2




                                                   ORAL ORDER

2   12-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief(s):

                                                 “for initiation of contempt proceeding

                                    against the opposite parties, who have knowingly,

                                    deliberately, willfully and wisefully flouted the

                                    judicial order dated 26.02.2020 passed in C.W.J.C.

                                    No. 3993 of 2020”

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

                    party nos. 7 and 8, according to which, the matter was taken up

                    by the Committee headed by the District Education Officer,

                    Nawada and on 30.06.2020, the claim of the petitioner was

                    negated.

                                 4. Granting liberty agitate the matter, MJC No. 1237

                    of 2020.



                                                   (Rajiv Roy, J)
Adnan/-

U

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Umesh Kumar Mishra