Patna High Court
Punni KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as the petitioner was not entitled to the subsistence allowance and no contempt of court was established.
Summary
The petitioner, Punni Kumari, filed a writ petition seeking initiation of contempt proceedings against the Superintendent of Police, Arvind Gupta, for allegedly refusing to comply with a 8 June 2020 order directing payment of a subsistence allowance. The respondent filed a show‑cause memorandum asserting that the order was issued by the SP himself on 28 February 2024. The court examined the reasoned order, which found that the petitioner had illegally used police uniform to pose as a female constable, leading to an FIR and her arrest, and consequently the claim for salary was rejected. The court held that the petitioner's conduct negated any entitlement to the allowance and that there was no basis for contempt. Accordingly, the petition was dismissed and the matter disposed.
Issues considered
- Whether the Superintendent of Police is in contempt for willful disobedience of the order dated 8‑June‑2020 directing payment of subsistence allowance
- Whether the petitioner is entitled to the subsistence allowance despite alleged illegal impersonation of a police constable
Subjects
- contempt of court
- subsistence allowance
- police service
- illegal impersonation
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1543 of 2021
In
Civil Writ Jurisdiction Case No.18735 of 2019
======================================================
Punni Kumari D/o Bindeshwari Prasad, Resident of Dahraur, P.S. and P.S.
Ghosi, District - Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar, Patna.
2. Arvind Gupta, the then Superintendent of Police, Bagha, West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr.Lalit Kishore
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of contempt proceeding
against the opposite party no.2 for willful,
deliberate and intentional disobedience of
order dated 8.6.2020 passed in CWJC No.
18735/2019 whereby and where under the
Opposite Party No. 2 has been specifically
directed to pay the subsistence allowance
admissible to the petitioner and for this
purpose the Opposite Party No. 2 has been
directed to take final decision within four
Patna High Court MJC No.1543 of 2021(4) dt.10-03-2026
2/2
weeks within presentation of representation
by the petitioner.
3. The show cause filed on behalf of the opposite
party to show that the order has been passed by S.P., Bagaha
vide memo no. 527 dated 28.02.2024.
4. The reasoned order shows that the petitioner
illegally used police dress to become a female constable and
accordingly, FIR lodged. She was arrested and in that
background, the claim for payment of salary has been rejected.
5. Granting liberty to the petitioner the order before
an appropriate Court, the MJC No. 1543 of 2021 is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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