Patna High Court
Alamgir Shams,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the order dated 28‑08‑2019 had been complied with and dismissed the contempt petition.
Summary
The petitioners, a group of assistant teachers, filed a writ petition seeking contempt proceedings against several officials of the Bihar Department of Education, alleging willful non‑compliance with an order dated 28‑08‑2019 in CWJC No.17515 of 2019. They claimed the opposite parties failed to act on a show‑cause notice issued on 22‑09‑2020 and did not pay the stipulated amount to the petitioner's counsel. The court examined the show‑cause response and noted that a memo dated 28‑08‑2020, signed jointly by the District Education Officer and the District Programme Officer, indicated that the order had been complied with. The court held that any further grievance could be raised before an appropriate court and therefore dismissed the contempt application. Consequently, the matter was disposed of without ordering contempt proceedings.
Issues considered
- Whether the opposite parties willfully disobeyed the order dated 28‑08‑2019 in CWJC No.17515 of 2019
- Whether a contempt of court proceeding should be entertained in view of the compliance memo dated 28‑08‑2020
Subjects
- contempt of court
- civil writ jurisdiction
- compliance
- show cause notice
- education department
- government officials
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.16 of 2020
In
Civil Writ Jurisdiction Case No.17515 of 2019
======================================================
1. Alamgir Shams, S/o- Md. Yususf, R/o Mohalla - Makhdumabad, P.O. and
Block and District -Jahanabad, presently posted as Assistant Teacher at
Upgraded Middle School Dharampur, P.O. Dharampur, P.S. Kako, District
-Jahanabad
2. Shridhar Kumar, S/o Ram Sunder Sharma, R/o Village-Rampur, P.O. Aiyara,
P.S. Karpi, District-Arwal, presently posted as Assistant Teacher at M.S.
Aiyara, P.S. Karpi, District-Arwal
3. Birendra Kumar, S/o Bharat Singh, R/o Village-Rampur, P.O. Aiyara, P.S.
Karpi, District-Arwal, presently posted as Assistant Teacher at M.S. Aiyara,
P.S. Karpi, District-Arwal
4. Navin Kumar, S/o- Mahendra Prasad Singh, R/o Village-Ajda, P.O. Sikariya,
P.S. Paliganj, District-Patna, presently posted as Assistant Teacher at
R.U.M.S. Patariya, P.S. Jahanabad, District-Jahanabad
5. Satayam, S/o- Naresh Sharma, R/o Village-Gandhar, P.O. Bandhuganj, P.S.
Ghoshi, District-Jahanabad, presently posted as at Maharshi Patanjali M.S.
Jahanabad, P.S. Jahanabad, District-Jahanabad
6. Kumari Archna Rani, D/o- Late Ramekbal Singh, R/o Village-Marua, P.O.
Pathariya, District-Jahanabad, presently posted as Assistant Teacher at
U.M.S. Bhithiya, P.S. Koroana, District Jahanabad
7. Siyaram Singh Yadav, S/o Devilal Singh, R/o Village Nirpur, P.O. Ratani
Bazar, P.S.-Shakurabad, District-Jahanabad, presently posted as Assistant
Teacher at M.S. Kaloopur, Jahanabad, P.S. Shakurabad, District-Jahanabad
8. Ram Kewal Singh, S/o- Haridwar Singh, R/o Village-Rampur, P.O. Aiyara,
P.S. Karpi, District-Arwal, presently posted as Assistant Teacher at M.S.
Bhadasi, Arwal, District-Arwal
9. Rupesh Kumar, S/o Late Chandreshwar Pd. Singh, R/o Satsang Nagar, Road
No. 5, Raja Bazar, P.O. and P.S.-Jahanabad, District-Jahanabad, presently
posted as Assistant Teacher at M.S. Hajipur, Block-Kako, District-Jahanabad
10. Bijendra Kumar, S/o Late Ram Lekha Prasad, R/o Village-Dihuri, P.O.
Dhana Dihari, P.S. Paras Bigha, District-Jahanabad, presently posted as
Assistant Teacher at UMS Rasula, Block-Kako, District-Jahanabad
11. Kaushal Kumar, S/o- Bhutali Singh, R/o Village-Rampur, P.O. Aiyara, P.S.
Karpi, District-Arwal, presently posted as Assistant Teacher at Primary
School, P.S. Karpi, District-Arwal
12. Dharmendra Kumar, S/o- Late Rajendra Prasad Singh, R/o Karwa Hankar,
P.O. Bajitpur, P.S. Karpi, District-Arwal, presently posted as Assistant
Teacher at UMS Fakharpur Block and District-Arwal
13. Kunal Kumar, S/o Late Banshidar Sharma, R/o Village-Pema, P.O. Dadar,
P.S. Goh, District-Aurangabad, presently posted as Assistant Teacher at
Middle School Hardiyan, Block-Kaler, District-Arwal
14. Ravi Shankar Kumar, S/o- Late Ramjanm Singh, R/o Village-Jamuyawa,
Patna High Court MJC No.16 of 2020(2) dt.11-03-2026
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P.O. Tajpur, P.S. Mahkar, District-Gaya, presently posted as Assistant
Teacher at UMS Kshiyawa, Block-Hulasganj, District-Jahanabad
15. Raja Ram Mohan Ray, S/o- Late Babu Lal Singh, R/o Village-Udaypura,
Post Kaswan, District Jahanabad, presently posted as Assistant Teacher at
UMS Kendui, Block-Ratni Faridpur, District Jahanabad
16. Mukesh Kumar, S/ol Shivnandan Sharma, R/o Mohalla-Koily, Block and
P.S. Makhdumpur, District Jahanabad, presently posted as Assistant Teacher
at Upgraded Middle School Imaliya Balak, Block-Kako, P.O.-Pinjora,
District-Jahanabad
17. Amarnath Singh Amar, S/o- Late Vimal Singh, R/o Nishanpura, Post-
Khushhalpur, P.S. Telhara, District-Nalanda, presently posted as Assistant
Teacher at Middle School Murgaon, Block-Hulasganj, District-Jahanabad
18. Rahul Kumar, s/o Late Braj Nandan Yadav, R/o Village-Madaila, Post-
Walidad, P.S.-Mehandiya, District-Arwal, presently posted as Assistant
Teacher at Middle School Masuda, Block-Kaler, District-Arwal
19. Ranvijay Kumar, S/o Late Nawal Kishore Sharma, R/o Nizamuddinpur,
Kako Road, Near Telephone Exchange, Post Jahanabad, P.S. Jahanabad,
District-Jahanabad, presently posted as Assistant Teacher at Middle School
Bhelwar, Block Kako, District Jahanabad
20. Manoj Kumar, S/o Sudarshan Sharma, R/o Salarpur, Post Noawaan, P.S.
Shakurabad, District-Jahanabad, presently posted as Assistant Teacher at
Middle School Dehuni (Ghoshi), Block Jehanabad, District Jahanabad
21. Bainkatesh Kumar, S/o Late Madan Sharma, R/o Village-Dariyapur, Post-
Saho Bigha, P.S. Ghoshi, District-Jahanabad, presently posted as Assistant
Teacher at U. Middle School, Kokarsa, Block-Hulasganj, District-Jahanabad
22. Manoj Kumar, S/o- Baleshwar Singh, R/o Village Kaloopur, Block and
District-Jahanabad, presently posted as Trained Graduate Teacher at Middle
School Sundarpur, Block and District-Jahanabad
23. Sanjeev Kumar, S/o - Sita Ram Singh, R/o Village Pyarechak, Post Sarwan,
P.S. Arwal, District Arwal, presently posted as Assistant Teacher at Middle
School Sumera, Block Arwal, District Arwal
24. Pramod Kumar Mishra, S/o - Late Shyam nandan Mishra, R/o Village
Badheta, Post Badheta, District Jahanabad, presently posted as Assistant
Teacher at Middle School Pinjarwan, Block Kurtha, District Arwal.
25. Maheshwari Prasad Singh, S/o - Ramprit Singh, R/o Village Gunai Bigha,
Post Sesamba, District Jahanabad, presently posted as Assistant Teacher at
U. Middle School, Mubarakpur, Block Kurtha, District Arwal
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikas Bhawan, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Vikas Bhawan, Patna.namely Mr. R.K. Mahajan.
3. The Director (Primary Education), Department of Education, Government of
Bihar, Patna.namely Dr. Ranjit Kumar Singh.
Patna High Court MJC No.16 of 2020(2) dt.11-03-2026
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4. The Regional Deputy Director of Education, Gaya Division, Gaya namely
Kameshwar Kamti.
5. The District Education Officer, District- Jahanabad. Vidya Sagar Singh.
6. The District Program Officer (Establishment), District- Jahanabad. Sri
chandra Bhushan Lal.
7. The District Education Officer, District- Arwal, namely Mithilesh Kumar
Sinha.
8. The District Program Officer (Establishment), District - Arwal, namely Sri
Mitilesh Kumar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avanindra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Madhaw Prasad Yadaw (GP-23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mr. Vishwas Vijeta, learned counsel for the
petitioner who has been instructed by Mr. Avanindra Kumar Jha
and the State.
2. The present petition has been preferred for the
following relief(s):
“for initiating a Contempt of Court
proceeding against the Opposite Parties concerned
for their intentional, willful & deliberate action
inaction in flouting/disobeying and sitting tight
over the order & directions issued vide Order
dated 28-08-2019 in CWJC No. 17515 of 2019.”
3. A show cause has been filed on behalf of the
opposite party nos. 5 and 6 on 22.09.2020 without service of
copy to the learned counsel for the petitioner. In that
Patna High Court MJC No.16 of 2020(2) dt.11-03-2026
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background, the Clerk of the said office is required to pay Rs.
1,000/- to Mr. Vishwas Vijeta, learned counsel for the petitioner
by Friday and the receipt has to be filed by Monday
(16.03.2026).
4. The show cause shows that the order has been
complied inasmuch as vide memo no. 1012 dated 28.08.2020
with the joint signature of District Education Officer, Jehanbad
and District Programme Officer (Establishment), Jehanabad, a
decision has been taken.
5. If the petitioners still have any grievance, can very
well agitate the same before an appropriate Court.
6. Granting said liberty, the MJC No. 16 of 2020
stands disposed of.
7. Let the matter come under the heading ‘To be
Mentioned’ on 20.03.2026 to peruse the compliance report.
(Rajiv Roy, J)
Adnan/-
U
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