Patna High Court
Priyanka KumariversusThe State of Bihar through Mr. Sanjay Kumar, Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that, having been granted liberty to challenge the 21 September 2017 order, the contempt petition could not proceed and was therefore disposed.
Summary
Priyanka Kumari filed a petition seeking contempt proceedings against several officials of the Bihar education department for allegedly refusing to comply with a direction dated 5 August 2019 that ordered consideration of salary payment to her and other petitioners within sixty days. The respondents filed a show‑cause notice and the State counsel referred to an order dated 21 September 2017 issued by the Principal Secretary, Education Department, asserting that the petitioners' claim had been negated. The Court examined whether the respondents’ alleged non‑compliance amounted to willful disobedience of a court order and thus contempt. It granted the petitioners liberty to challenge the 2017 order before proceeding with contempt. Consequently, the Court disposed of the contempt petition, effectively halting the contempt proceedings.
Issues considered
- Whether the respondents’ failure to consider salary payment within the stipulated sixty‑day period constitutes contempt of court.
- Whether the order dated 21 September 2017, which purportedly negates the petitioners’ claim, bars the initiation of contempt proceedings.
Subjects
- contempt of court
- salary payment
- government employees
- writ jurisdiction
- disobedience of court order
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1579 of 2021
In
Civil Writ Jurisdiction Case No.9454 of 2016
======================================================
Priyanka Kumari Wife of Sri Ram Kishore Baitha, Resident of village Rupni
Math, Post Bela Baiju, Police Station- Patahi, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Sanjay Kumar, Principal Secretary, Human
Resource Development Department, Govt. of Bihar, Patna.
2. Dr. Ranjit Kumar Singh, Director, Primary Education, Bihar, Patna.
3. Mr. Shirsat Kapil Ashok, District Magistrate, East Champaran.
4. Mr. Sanjay Kumar, District Education Officer, Motihari, East Champaran.
5. Md. Javed, District Programme Officer, Literacy, Motihari, East Champaran.
6. Mr. Lalan Kumar Pandey, Block Education Officer, Patahi Block, East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Smt. Shilpa Singh (Ga 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 of appropriate contempt
proceedings against the opposite parties for
willful and deliberate disobedience of the
direction and order dated 05.08.19 passed in
C.W.J.C. no. 9454/2016 whereby the Hon'ble
court has disposed writ petition with
Patna High Court MJC No.1579 of 2021(3) dt.11-03-2026
2/2
direction to the respondents to consider the
issue of payment of salary to the petitioners,
for the period they have worked, within a
period of sixty days.
3. A show cause has come on behalf of the opposite
party and the learned State counsel has taken this Court to the
order passed by the Principal Secretary, Education Department
dated 21.09.2017 to show that the claim of the petitioner
alongwith others has been negated.
4. Granting liberty to challenge the order, the
contempt petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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