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Patna High Court

Shyamanand JhaversusThe Bihar State Power Holding Company Ltd.

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents had complied with the earlier order, so no contempt of court was established.

Summary

Shyamanand Jha filed a petition seeking to initiate contempt proceedings against the Bihar State Power Holding Company Ltd. and its officials for allegedly violating the order dated 31‑08‑2020 in C.W.J.C. No. 24648 of 2019. The respondents, through their counsel, produced an order dated 01‑10‑2021 issued by the General Manager of the company showing that the High Court’s earlier order had been complied with, including granting the petitioner a third ACP and payment of salary for the suspension period of 10‑04‑2001 to 24‑03‑2003. The petitioner expressed that he would approach the appropriate court if any grievance remained. The Court examined the compliance evidence and found no basis to proceed with contempt. Consequently, the Court granted the petitioner liberty to approach the appropriate forum and disposed of the petition.

Issues considered

  • Whether the respondents are in contempt of the order dated 31‑08‑2020 passed in C.W.J.C. No. 24648 of 2019.
  • Whether the petitioner is entitled to any further relief after the respondents demonstrated compliance with the earlier order.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • compliance with court order
  • suspension salary
  • administrative orders

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.1647 of 2021
                                                    In
                              Civil Writ Jurisdiction Case No.24648 of 2019
                 ======================================================
                 Shyamanand Jha Son of Bhagirath Jha Resident of Village and P.O.-
                 Ghoghardiha, Ward No. 10, P.S.- Madhubani, District- Madhubani, Bihar.

                                                                                   ... ... Petitioner/s
                                                    Versus
           1.    The Bihar State Power Holding Company Ltd. through the Managing
                 Director, 1st Floor, Jawahar Lal Marg, Patna.
           2.    The Chairman-Cum- Managing Director, Bihar State Power Holding
                 Company Ltd. 1st Floor Jawahar Lal Marg, Patna.
           3.    The Managing Director, North Power Distribution Company Ltd., Bidyut
                 Bhawan, Bailey Road, Patna.
           4.    The General Manager (Administration), North Power Distribution Company
                 Ltd., Bidyut Bhawan, Bailey Road, Patna.
           5.    The Assistant Engineer, Electric Supply, Subdivision Urban, Samastipur,
                 Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr.Vikas Ratan Bharti, Advocate
                 For the Opposite Party/s :          Mr.Vinay Kirti Singh
                 For the BSPHCL           :          Mr. Vivek Prasad, Advocate , Advocate
                                                     Mr. Pratiyush Kumar, AC to SC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiating a proceeding against the

                                              opposite party for contempt and to punish

                                              them     for    violating     the    order      dated

                                              31.08.2020 passed in C.W.J.C. No. 24648 of

                                              2019.
         Patna High Court MJC No.1647 of 2021(3) dt.10-03-2026
                                                     2/2




                                3. The show cause is on record.

                                4. Mr. Vivek Prasad has taken this Court to the order

                   dated 01.10.2021 passed by the General Manager of the

                   Company to show that the order of the Patna High Court has

                   been complied and the petitioner has not only been granted 3rd

                   ACP but approval has also been made for payment of salary for

                   the period of suspension between 10.04.2001 to 24.03.2003.

                                5. The petitioner intends to agitate the matter before

                   the appropriate Court if he still has some grievance.

                                6. Granting said liberty, the MJC No. 1647 of 2021 is

                   disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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