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Patna High Court

Raj Ballabh PrasadversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was dismissed because the pension had been paid, so no contempt of court occurred.

Summary

The petitioner, Raj Ballabh Prasad, filed a petition seeking initiation of contempt proceedings against the State of Bihar and several education officials, alleging willful disobedience of a prior judgment (C.W.J.C. No. 9041 of 2006 dated 26 Sept 2008) that ordered payment of his pension. The court examined the show‑cause statements and found that the petitioner had received provisional pension from March 2004 to June 2008 and regular pension thereafter, with payments made up to February 2018. Since the pension had been duly paid, the court held there was no basis for a contempt claim. Consequently, the contempt petition was disposed of without any order of contempt. The decision underscores that a contempt petition cannot be maintained where the alleged statutory or judicial duty has been fulfilled.

Issues considered

  • Whether the State of Bihar and the education officials are in contempt for allegedly failing to comply with the earlier judgment ordering pension payment
  • Whether the petitioner’s grievance regarding pension payment justifies initiation of contempt proceedings

Subjects

  • contempt of court
  • pension
  • government liability
  • judicial pronouncement
  • non‑compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1509 of 2018
                 ======================================================
                 Raj Ballabh Prasad Son of Late Lal Narayan Singh resident of Village
                 Prasdiha, P.S. Nagar Nausa, District Nalanda.

                                                                                  ... ... Petitioner/s
                                                          Versus
           1.    The State Of Bihar and Ors
           2.    Mr. R.K. Mahajan, The Secretary, Education Department, Govt. of Bihar,
                 Patna.
           3.    Mr. Bimal Thakur, The District Education Officer, Nalanda at Biharsharif.
           4.    Mr. Aranjay Kumar, The District Programme Officer, Establishment
                 Nalanda, District Nalanda.
           5.    Mr. Bindu Kumari The Block Education Extension Officer, Harnaut District
                 Nalanda.

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

5   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of court of contempt

                                              proceeding against the contemnor opposite

                                              parties for their willful disobedience and

                                              arbitrary     non    compliance       of    Judicial

                                              pronouncement made in C.W.J.C. No. 9041

                                              of 2006 named and styled as Raj Ballabh

                                              Prasad versus The State of Bihar and others

                                              dated 26th Sep.2008 by Hon'ble Mr. Justice
         Patna High Court MJC No.1509 of 2018(5) dt.12-03-2026
                                                     2/2




                                           J.N. Singh (J) (as His Lordship then was).

                                3. The show cause of the opposite party no.4 is on

                   record and it shows that the petitioner has been paid the

                   provisional pension for the period March, 2004 to June, 2008

                   and so far as provisional pension from July, 2008 is concerned,

                   it has been informed that he is being regularly paid his

                   provisional pension vide different bills and has already been

                   paid pension till February, 2018.

                                4. In that background, allowing the petitioner to

                   agitate the matter, if still has any grievance, the contempt

                   petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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