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Patna High Court

Priyanka KumariversusThe State of Bihar through Mr. Sanjay Kumar, Principal Secretary,

Decided
Disposal
DISPOSED

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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