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Patna High Court

Dinbandhu PandeyversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed as the respondents have complied with the earlier High Court order.

Summary

The petitioner, Dinbandhu Pandey, filed a contempt petition seeking initiation of contempt proceedings against several state officials for allegedly willfully flouting a Patna High Court order dated 19‑11‑2019 in C.W.J.C. No‑3961/2018, which directed that if a departmental proceeding was not concluded within three months, the suspension order would be revoked and the respondents would have to pay a subsistence allowance. The respondents filed a show‑cause memorandum asserting that they had complied with the earlier order and attached annexures as proof. The Court examined the show‑cause and the annexures and found them satisfactory, concluding that the respondents had indeed complied. Consequently, the Court granted liberty to the petitioner to approach the Court again if any grievance remained, and disposed of the contempt petition. The order effectively dismisses the contempt application on the ground of compliance by the respondents.

Issues considered

  • Did the respondents willfully and deliberately flout the High Court order dated 19‑11‑2019?
  • Whether the contempt petition should be entertained given the alleged compliance by the respondents.

Subjects

  • contempt of court
  • departmental proceedings
  • suspension order
  • subsistence allowance
  • civil writ jurisdiction
  • compliance with court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1330 of 2021
                                                         In
                                 Civil Writ Jurisdiction Case No.3961 of 2018
                 ======================================================
                 Dinbandhu Pandey Son of - Late Bidya Pandey @ Vidya Pandey Resident of
                 Village - Parsauni, P.S. - Nautan, District-West Champaran at Bettiah.

                                                                                ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar.
           2.    Shri Raman Kumar, District Magistrate, East Champaran.
           3.    Shri Shekhar Chaudhary, Additional Collector Revenue East Champaran at
                 Motihari.
           4.    Shri Gyan Prakash, Sub - Divisional officer, Sikrahana at Dhaka East
                 Champaran.
           5.    Deputy collector, Land Reform, East Champaran at Motihari.
           6.    Shri Anil Kumar Srivastava, Circle Officer Ghorasahan circle East
                 Champaran at Motihari.
           7.    The Nazir of Najarat Ghorasahan, East Champaran at Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Binay Kumar, Advocate
                 For the Opposite Party/s :         Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i)   for   initiation   application    contempt

                                              proceeding against the respondents/opposite

                                              parties for willfully and deliberately flouting

                                              the Hon'ble Courts order dated 19/11/2019

                                              passed in C.W.J.C. No-3961/2018 by which
         Patna High Court MJC No.1330 of 2021(3) dt.11-03-2026
                                                     2/2




                                           this Hon'ble Court directed that if the

                                           departmental proceeding not concluded

                                           within a period of 3 months from the date of

                                           receipt/production of this order, Than the

                                           order of suspension shall stand revoked and

                                           respondents are directed to pay the amount

                                           of subsistence allowance.

                                3. The show cause of the opposite party nos. 2 to 7

                   shows that the order has been complied and the connecting

                   Annexures support the said case.

                                4. Granting liberty to the petitioner, if he still has

                   some grievance, the contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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