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Patna High Court

Premchand TripathiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the contempt petition, finding that the respondents had complied with the earlier order and therefore no contempt had occurred.

Summary

The petitioners, a group of teachers and staff of Shree Vishnudutt Mishra Sanskrit Uchcha Vidyalaya, filed a contempt petition against the State of Bihar and education officials, alleging willful disobedience of a High Court order dated 06‑04‑2021 in C.W.J.C. No.21248 of 2019. The respondents submitted a show‑cause response indicating that, by an office order dated 22‑09‑2021, the permanent appointment of the petitioners had been approved, thereby complying with the earlier court direction. The Court examined whether the alleged non‑compliance persisted. Finding that the order had been substantially complied, the Court disposed of the contempt petition. Consequently, no contempt proceedings were initiated against the respondents.

Issues considered

  • Whether the respondents’ actions constitute willful disobedience of the High Court order dated 06‑04‑2021.
  • Whether the approval of permanent appointments on 22‑09‑2021 satisfies the earlier court direction, thereby negating contempt.

Subjects

  • contempt of court
  • willful disobedience
  • appointment
  • education
  • state government
  • high court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.1633 of 2021
                                           In
                     Civil Writ Jurisdiction Case No.21248 of 2019
     ======================================================
1.    Premchand Tripathi Son of Barmeshwar Tripathi Head Master, Shree
      Vishnudutt Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station-
      Sahar, District- Bhojpur.
2.   Mritunjay Kumar Pandey Son of Sharda Nand Pandey Acharya, Shree
     Vishnudutt Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station-
     Sahar, District- Bhojpur.
3.   Vijay Kumar Son of Paras Nath Singh Graduate Teacher, Shree Vishnudutt
     Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station- Sahar, District-
     Bhojpur.
4.   Ritu Kumari D/o Jai Kumar Mishra Graduate Teacher, Shree Vishnudutt
     Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station- Sahar, District-
     Bhojpur.
5.   Ram Dhani Singh Son of Ram Bali Singh Graduate Science Teacher, Shree
     Vishnudutt Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station-
     Sahar, District- Bhojpur.
6.   Chhathu Kumar Ram Son of Umashankar Ram Graduate Science Teacher,
     Shree Vishnudutt Mishra Sanskirt Uchcha Vidyalaya, Baruhi, Police Station-
     Sahar, District- Bhojpur.
7.   Sonu Kumar Son of Amar Singh Clerk, Shree Vishnudutt Mishra Sanskirt
     Uchcha Vidyalaya, Baruhi, Police Station- Sahar, District- Bhojpur.
8.   Kusum Kumari Wife of Arun Kumar Mishra Peon, Shree Vishnudutt Mishra
     Sanskirt Uchcha Vidyalaya, Baruhi, Police Station- Sahar, District- Bhojpur.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar Bihar.
2.   The Principal Secretary, Department of Education, New Secretariat, Vikas
     Bhawan, Patna namely Sri Sanjay Kumar.
3.   The Chairman, Bihar Sanskrit Education Board, Bank Harding Road,
     Quarter No.17, Patna-1, namely Dr. Bharti Mehta.
4.   The Secretary, Bihar Sanskrit Education Board, Bank Harding Road, Quarter
     No.17, Patna-1, namely Sri Rajesh Kumar.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr.Ajay Kumar Sharma
     For the Opposite Party/s :    Mr.Jitendra Kumar Roy No.(Sc13)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                           ORAL ORDER
          Patna High Court MJC No.1633 of 2021(3) dt.11-03-2026
                                                      2/2




3    11-03-2026                  Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief/s:

                                            (i) for initiation of contempt of court

                                            proceeding against the opposite parties/

                                            contemnors for their willful and deliberate

                                            disobedience of order dated 06.04.2021

                                            passed in C.W.J.C. No.21248 of 2019.

                                 3. The show cause of the Bihar State Sanskrit Shiksha

                    Board is on record, according to which, vide office order dated

                    22.09.2021, the permanent appointment of the petitioner has

                    been approved.

                                 4. In that background, the contempt petition is

                    disposed of.



                                                   (Rajiv Roy, J)
Ravi/-

U


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