Patna High Court
Dharmendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The High Court dismissed the contempt applications and closed the contempt proceeding, finding no sufficient ground to continue the proceeding.
Summary
The petitioners, a large group of candidates, filed contempt applications alleging that the State of Bihar and the Central Selection Board for Constable Recruitment had willfully disobeyed the High Court’s order dated 12‑08‑2014 in C.W.J.C. No.13800 of 2011, which had been affirmed by the Division Bench in L.P.A. No.1352 of 2015. The Court had previously directed the opposite parties to file supplementary show‑cause replies, after which a redrawn list of 1,308 selected candidates was published on 29‑01‑2020. The petitioners contended that the redrawn list still contained material irregularities and sought to continue the contempt proceeding. The Court examined the supplementary reply, noted that the selection was based on merit and that no wrongful appointments were made, and observed that the petitioners could file a fresh contempt petition or challenge the list under the order dated 13‑04‑2023. Consequently, the Court found no basis to proceed with the present contempt petition and ordered the contempt proceeding to be closed, while leaving the petitioners free to pursue any appropriate remedy.
Issues considered
- Whether the State of Bihar and the Central Selection Board committed contempt by disobeying the High Court’s 2014 order.
- Whether the redrawn list of selected candidates was prepared in compliance with the Court’s directives.
- Whether the contempt proceeding should be continued or dismissed.
Subjects
- contempt of court
- recruitment selection
- show‑cause notice
- judicial review
- procedural irregularities
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1738 of 2023
In
Civil Writ Jurisdiction Case No.13800 of 2011
======================================================
1. Dharmendra Paswan S/O Sri Sarvan Paswan, Resident of Village Post
Margaon, P.S. Hulasganj, Jehanabad.
2. Rakesh Kumar Ram, Son of Lalan Ram, Resident of village Tikari, Post
Pratap pur, Husainganj, District - Siwan.
3. Rukmini Kumari, C/o Rahul Kumar, village and Post Labhgawn, P.S.
Khagaria, District - Khagaria.
4. Rinki Kumari, C/o Jethan Paswan, Resident of village Fulsaiher, P.O.
Kurtha, P.S. Kurtha, District - Arwal.
5. Sunita Kumari, daughter of Kishore Kumar, resident of village Dhanpur
Goshi, P.O. Bandhuganj, District - Jehanabad.
6. Rajeev Kumar, Son of Rash Narayan Mahto, resident of village Sakkadi,
Post Sakkadi, Jalalpur, District - Chapra.
7. Jitendra Kumar, son of Sushil Kumar Bage, Resident of village
Makhdumpur, Post Barkh Dumra, Mufassil Ara District - Bhojpur.
8. Surya Deo Prakash, Son of Ram Prakash, resident of village Narayanpur,
Post Kalyanpur, P.S. Bihilya, District - Bhojpur (Ara).
9. Dhanjee Kumar, Son of Bishwanath Ram, resident of village Post Ratanpur,
P.S. Ara Mufassil, Chadawa, District - Bhojpur.
10. Ajay Kumar Ram, son of Ujiyar Ram, resident of village Simri Dudhi Patti,
Post Simri, P.S. Simri, District - Buxar.
11. Shiwnarayan Paswan, Son of Balwan Paswan, resident of village
Chanawakh, P.O. and P.S. and District - Kaimur.
12. Sabita Kumari, C/o Vishwanath Singh, resident of village Shiuri, Post
Sharaw, P.S. Rasulpur, District - Saran (Chapra).
13. Krishna Deo Manjhi, Son of Ram Pratap Manjhi, resident of village
Musehari, P.O. Kopa, Samhota, District - Saran.
14. Dharmendra Kumar Manjhi, Son of Pathloo Manjhi, resident of village
Galimapur, P.O. Rampur, P.S. Garkha, District - Chapra.
15. Anjana Bharti, C/o Shiv Shanker Kuar, resident of village Kathiyan, Post
Khagaul, P.S. Shahpur, District - Patna.
16. Yogendra Kumar Ram, Son of Jhamlal Ram, resident of village Garbhu Das,
Staff Basant Vihar Colony Dighi, Near Gumti, No. 54/C, Hajipur, District -
Vaishali.
17. Dhananjay Kumar, son of Krishna Prasad Gupta, resident of Gheta, P.O.
Gheta, P.S. Mufassil Chapra, District - Saran.
18. Jay Prakash , Son of Jaglal Manjhi, resident of village Sultanganj, P.S.
Mahaura, District - Saran.
19. Neelam Kumari, D/o Bablu Prasad Yadav, resident of village Tilkmanjhi
Sitalstan, P.O. Tilakmanjhi, P.S. Tilakmanjhi, District - Bhagalpur.
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20. Punam Kumari, W/o Rabindra Kumar, resident of village Chilkawar Manjhi
Tola, P.O. Manjhouni, P.S. Rajoun, District - Banka.
21. Sangita Kumari, D/o Parmanda Chaurasia, resident of village and Post
Shahjadpur, P.S. Jay Nagar, District - Bhagalpur.
22. Juli Ranjan, d/o Ram Dahin Singh, resident of Nirmala Sringar Mahendru,
P.S. Sultanganj, District - Patna.
23. Geeta Kumari, D/o Ram Dayal Ram, resident of vilage Keshopur Bakri, P.O.
Karvan, Bhojpur, District - Ara.
24. Anju Kumari, D/o Sanjay Singh, resident of village Dusadhi Tendua, Post
Pahleja, P.S. Dheri, District - Rohtas.
25. Sushma Kumari, D/o Brahmdeo Prasad Sharma, resident of Sikari, P.O.
Maksudpur, P.S. Tekari, District - Gaya.
26. Anjali Kumari, W/o Anjani Kumar, resident of village Gauri Chak, P.S.
Fatehpur, District - Patna.
27. Pankaj Kumar Thakur, S/o Vishnudeo Thakur, resident of village Siropati,
P.O. Limas Nagar, P.S. Khanpur, District - Samastipur.
28. Naresh Chaudhary, S/o Tulsi Chaudhary, resident of village Ganjipur, Post
Nawtan, P.S. Ekma, District - Saran.
29. Anwar Ali, S/o Md. Hadis Ansari, resident of village Jaitpur Tiwari Tola,
Post Jaitpur Bharwalia, P.S. Daudpur, Chapra, District - Saran.
30. Shailesh Kumar, Son of Babulal Sah, resident of village Bhabhanwalia, P.O.
Dharampur, P.S. Daudpur, Chapra, District - Saran.
31. Kumari Priyanka Sinha, W/o Kumar Rakesh Singh, resident of village
Dhanpur, Post and P.S. Ekangasari, District - Nalanda.
32. Kumari Runi Sinha, D/o Amarnath Singh, resident of village and Post
Murgaon, Hulastganj, District - Jehanabad.
33. Munna Paswan, Son of Ramadhar Paswan, resident of and post Boksa,
District - Buxar.
34. Pramod Kumar, son of Batasa Hazra, resident of village and Post
Kanchedwa, P.S. Harshdhi, District - East Champaran.
35. Rajesh Kumar, Son of Nirmal Kumar, resident of village and Post Mahuli,
P.S. Mufassil Ara, District- Bhojpur.
36. Subhash Kumar, Son of Ganesh Prasad, resident of village Sadipur, Post
Aima Chowk, P.S. Khizer Sarai, District - Gaya.
37. Anish Kumar, Son of Nityananda Paswan, resident of village Mogul Sarai,
Post Sanha, P.S. Sahebpur Kamal, District - Begusarai.
38. Ranjan Kumar, Son of Ramashish Prasad, resident of village Hasanpur, Post
and P.S. Belaganj, District - Gaya.
39. Dharmendra Kumar Das, son of Shanker Das, resident of village Tetarpur,
P.O. Panchnagpur, P.S. Tekari, District - Gaya.
40. Premkala Kumari, D/o Dudama Yadav, resident of village and Post Ekma,
District - Saran.
41. Manju Kumari, W/o Amlendu Shekhar, resident of village and Post Amaiya,
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P.S. Asarganj, District - Munger.
42. Penter Paswan, Son of Bhadru Paswan, resident of village Semri Bakhlaha
Patti, Post and P.S. Simri, District - Buxar.
43. Munni Kumari, W/o Vivekanand, resident of village Mansi Tola, P.O.
Gopalpur, P.S. Maheshkhunt, District - Khagaria.
44. Upendra Kumar Manjhi, son of Rajendra Manjhi, resident of Pratappur, P.S.
Avtar Nagar, Post Pratappur, District - Siwan.
45. Sweety Kumari, D/o Dwarike Prasad, resident of village Dahour Bigha, Post
Telhara, District- Nalanda.
46. Usha Kumari, W/o Sarwan Poddar, resident of village Maraiya, Post
Piprahat, P.S. Parbatta, District - Khagaria.
47. Nagendra Kumar Chaudhari, Son of Nemi Choudhary, resident of village
Balahan Ali Mardananapur, P.O. Rampur Lawa, P.S. Bhagwanpur, District -
Siwan.
48. Chattu Ram, Son of Gogendra Ram, resident of village and Post Naini, P.S. -
Mufassil, Chapra, District - Saran.
49. Nibha Kumari, C/o Upendra Paswan, resident of village Bajitpur, P.S.
Muffasil, District - Begusarai.
50. Suman Kumari, W/o Dudheshwar Singh, resident of village - Nonar, P.S.
Daudnagar, District - Aurangabad.
51. Bhola Kumar, Son of Ram Balak Paswan, resident of Rsshtha, Post
Gunjarchak, P.S. Chandi, District - Nalanda.
52. Pawan Kumar Paswan, Son of Umesh Paswan, resident of Tetia, P.O. Tetia,
P.S. Bamber, District - Munger.
53. Julie Kumari, D/o Dharmnath Prasad, resident of Shivpur Khas Mahal
Mahe, near Pani Tanki, District - Patna.
54. Saroj Kumar, Son of Sudarshan Ram, resident of Kalyanpur, P.S. Durgavati,
District - Kaimur.
55. Pratibha Kumar, D/o Bipin Kumar Yadav, resident of village and post
Lakhminia, P.S. Balla, District - Begusarai.
56. Satish Kumar Baitha, Son of Pannalal Baitha, resident of village and Post
Barwat Pasrain, Bethiah, District - West Champaran.
57. Bhushan Kumar Rajjak, son of Bhikhari Ram, resident of village Gahani,
P.S. - Chakpokhri, Post Ghrani, District - Bhojpur.
58. Dharamraj Kumar, Son of Bhola Prasad, resident of village Bhola Bag, Ara,
District - Bhojpur.
59. Dilip Kumar, son of Pramod Kumar Paswan, resident of village Narsan, P.S.
Itwan, District - Aurangabad.
60. Binita Kumari, D/o Bimal Prasad Singh, resident of village and post
Ratanpur, P.S. Baryarpur, District - Munger.
61. Rajesh Kumar, Son of Ravindra Sharma, resident of Karnauti, P.S.
Bhakhtiyarpur, District - Patna.
62. Brijesh Baitha, Son of Rajesh Baitha, resident of village and Post Ram
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Paswan, P.S. Sathi Via Lauriya, District - West Champaran.
63. Jay Prakash Kumar, son of Late Yogendra Paswan, Barkana Rupdih,
Motihari, District- West Champaran.
64. Soni Kumar, Wife of Dinesh Yadav, resident of Bachhwara Tara, Ward no.
13, Post - Bachhawra, District - Begusarai.
65. Ram Jatan Paswan, son of Sitaram Paswan, resident of Ram Mandal Lane,
Mahespur, Post - Mirajanhat District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri R.S. Bhatti, the Director General of Police,
Bihar, Patna.
2. Dr. S Siddharth, the Principal Secretary, Department of Home, Government
of Bihar, Patna.
3. Dr. B. Rajendra, the Principal Secretary, General Administrative
Department, Bihar, Patna.
4. The Central Selection Board of Constable, Bihar, through its Secretary.
5. Dr. S.K. Singhal, the Chairman Central Selection Board of Constable, Bihar,
Patna.
... ... Opposite Party/s
======================================================
with
Miscellaneous Jurisdiction Case No. 324 of 2024
In
Civil Writ Jurisdiction Case No.14426 of 2011
======================================================
1. Md Kurban Alam S/o Md. Jalil Shekh Vill- Rasulpur, Post- Samardiha, P.S.-
Sasaram, Distt.- Rohtas, Roll No.- 69190669, EBC-1.
2. Golden Kumar, s/o Ashok Thakur Vill- Ahirouli, Post- Ahirouli, P.S.
Industrial Area, Buxar, Distt. Buxar, Roll No. 67180793, BC-1
3. Arvind Kumar S/o Ram Swarup Das Vill- Jamri Ashram, P.S. Cherki, Distt.
Gaya, Pin 823004, Roll 62011189, SC.
4. Raj Kishor Pal s/o Shiv Shankar Prasad Vill- Moujampur, Post- Mahulighat,
P.S. Krisnagarh, Distt.- Bhojpur, Pin-802316, Roll No. 66240868, BC-1.
5. Lal Bahadur Shastri S/o late Anandi Prasad Vill- Mandachh, P.O.- Sohsarai,
P.S.- Nursarai, Distt.- Nalanda, Pin Code- 803118, Roll No. 61150014 BC-2
6. Arvind Kumar S/O Mukhlal Paswan R.No. 62060587, Cat-Sc Vill.-
Dowarika, P.O.- Utali Bara, P.S.- Bajirganj, Distt.- Gaya.
7. Amit Kumar Pandit S/o Suresh Pandit Vill- Dharahara, P.O.- Dharahara,
P.S.- Gopalpur, Distt.- Bhagalpur, Roll No. 89050255, BC-1
8. Durga Nand Kumar S/o Ram Lakhan Paswan Vill- Arer Sinuwara, P.O. Arer
Patna High Court MJC No.1738 of 2023(5) dt.13-02-2026
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Hat, P.S. Arer, Distt. Madhubani, Pin- 847222, Roll No. 79070709, SC.
9. Durga Paswan S/o Alakhdev Paswan Narayani Kitab and Khel Ghar,
BISCOMAN Gali, Harnaut, P.O. and P.S. Harnaut, Distt. Nalanda, Pin-
803110 SC. Roll No. 61160431.
10. Mahesh Paswan S/o late Chhotan Paswan Vill- Imadpur, P.O.- Baraita, P.S.
Bajirganj, Distt. Gaya. Pin 8924232, Roll No. 62040755, SC.
11. Yaswant Kumar Das S/O Sri Vishunupat Ram Vill. P.O. Bitandipur, P.S.
Jandaha, Distt.-Vaishali. R.No. 71090497
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. Mr. Sumit Kumar Central Selection Board(Constable Recruitment), Bihar,
Patna through its Secretary.
3. Mr. Sumit Kumar Chairman of the Central Selection Board(Constable
Recruitment), Bihar, Patna.
4. Mr. Sumit Kumar, Secretary of the Central Selection Board (Constable
Recruitment), Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 1738 of 2023)
For the Petitioner/s : Ms. Surya Nilambari, Adv.
For the Opposite Party/s : Mr. AC to AAG-3
For the CSBC : Mr. Sanjay Pandey, Adv.
Mr. Binod Kumar Mishra, Adv.
Mr. Vivek Anand Amritesh, Adv.
(In Miscellaneous Jurisdiction Case No. 324 of 2024)
For the Petitioner/s : Ms. Shashi Priya, Adv.
For the Opposite Party/s : Mr. AC to AAG-3
For the CSBC : Mr. Sanjay Pandey, Adv.
Mr. Binod Kumar Mishra, Adv.
Mr. Vivek Anand Amritesh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)
5 13-02-2026 Heard the parties.
2. The present contempt applications have been filed
seeking initiation of a contempt proceeding against the opposite
Patna High Court MJC No.1738 of 2023(5) dt.13-02-2026
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parties for their deliberate disobedience of the order dated
12.08.2014 passed in C.W.J.C. No.13800 of 2011 and other
analogous cases by the learned Single Judge of this Court,
which was duly approved and affirmed by the learned Division
Bench of this Court in L.P.A. No. 1352 of 2015 and other
analogous cases.
3. The matter was earlier heard on 27.06.2025,
wherein this Court after having noted the submissions of the
petitioners that major irregularities have not been addressed in
the show cause, directed the concerned opposite parties to file
additional/supplementary show-cause reply.
4. In pursuance of the order of this Court, a
supplementary show-cause reply has been filed on behalf of the
opposite party nos. 4 and 5. This Court is apprised of that in the
light of the order of the learned Single Judge, result of 1308
candidates were published on 29.01.2020 after redrawing the the
list of the selected candidates, in deference to the order of this
Court.
5. The contention of the petitioners have been further
refuted and it is specifically stated that the recommendation of
the selected candidate(s) has been made based upon their
respective merit position and no appointment has been given to
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wrong person(s). Learned Advocate for the Central Selection
Board (Constable Recruitment) also submitted that identically
situated candidates, whose names also did not find place in the
re-drawn list have move the learned Division Bench in MJC
No.1037 of 2020 for revival of the order dated 25.11.2019
passed in MJC No. 125 of 2015 and connected matters; the
learned Court having found it not maintainable dropped the
proceeding, with a liberty to the petitioners to invoke
appropriate remedy.
6. Ms. Surya Nilambari, learned Advocate for the
petitioners filed a rejoinder to the supplementary show-cause
reply and tried to persuade this Court by showing various
irregularities in preparation of the redrawn select list.
7. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the order dated 13.04.2023, whereby the petitioners have
been extended liberty either to file a fresh contempt petition
and, if so required, challenge the redrawn up list, besides the
name of the petitioners did not find in re-drawn list, which gives
fresh cause of action, this Court does not find any reason or
occasion to continue with the present contempt proceeding.
Accordingly, the same stands closed.
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8. However, the petitioners shall be at liberty to
invoke appropriate remedy, if so advised.
(Nawneet Kumar Pandey, J)
(Harish Kumar, J)
rohit/-
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