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Patna High Court

Mohan Lal SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is closed as the State has shown compliance with the Court’s order.

Summary

The petitioner, Mohan Lal Sah, filed a contempt petition alleging that the State of Bihar had not fully complied with a High Court order dated 7 Nov 2022 which directed payment of earned leave benefits for 300 days. The petitioner claimed he had received payment for only 131 days. The State, through its counsel, submitted show‑cause affidavits asserting full compliance with the statutory rules and the court’s order. After hearing both sides, the Court observed that the affidavits indicated compliance and, despite the petitioner’s grievance, found no ground to continue the contempt proceeding. Consequently, the Court closed the contempt petition but allowed the petitioner to approach the authorities again if dissatisfied. The order effectively disposes of the petition without further enforcement action.

Issues considered

  • Whether the State of Bihar complied with the High Court’s order dated 7 Nov 2022 regarding payment of earned leave to the petitioner.

Subjects

  • contempt of court
  • earned leave
  • civil writ jurisdiction
  • compliance with court order
  • service law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1793 of 2023
                                                        In
                                  Civil Writ Jurisdiction Case No.1280 of 2021
                 ======================================================
                 Mohan Lal Sah, Son of Nand Lal Sah Resident of Semapur Bazar, P.S.-
                 Barari, District- Katihar.

                                                                            ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Chief Secretary, Mr. Aamir Subhani, Bihar,
                 Patna.
           2.    Mr. Chaitanya Prasad, the Principal Secretary, Water Resources Department,
                 Bihar, Patna.
           3.    Mr. Chaitanya Prasad, the Secretary, Minor Water Resources Department,
                 Bihar, Patna.
           4.    Mr. Om Prakash Singh, the Engineer-in-Chief (Central), Minor Water
                 Resources Department, Bihar, Patna.
           5.    Mr. Om Prakash Singh, the Engineer-in-Chief, Water Resources Department,
                 Bihar, Patna.
           6.    Mr. Om Prakash Singh, the Chief Engineer, Minor Water Resources
                 Department, Patna.
           7.    Mr. Alok Prasad, the Executive Engineer, Minor Irrigation Division, Kaimur
                 at Mohania.
           8.    Mr. S.K. Khanna, the Director, Provident Fund, Indira Bhawan, Patna.
           9.    Shri Praveen Kumar Singh, the Accountant General of Bihar, Veer Chand
                 Patel Path, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Prabhu Nath Pathak, Advocate
                 For the State          :      Mr. Venkatesh Kirti, AC to GA- 2
                 For the AG, Bihar      :      Mr. Amarshakti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

9   16-01-2026                   Heard the parties.

                                 2. Show-cause affidavits have been filed on behalf of

                   opposite parties showing compliance of the order of this Court

                   dated 07.11.2022, passed in C.W.J.C. No. 1280 of 2021.

                                 3. Learned Advocate for the petitioner, however,
         Patna High Court MJC No.1793 of 2023(9) dt.16-01-2026
                                                     2/2




                   refuting the aforesaid contention submitted that though the

                   petitioner was entitled to get the benefit of earned leave for a

                   period of 300 days, but he has been paid the amount of earned

                   leave for only 131 days, out of 300 days and, as such, in the

                   humble submission of the petitioner, the order of this Court has

                   not been complied with in its letter and spirit.

                                4. Learned Advocate for the State submitted that the

                   petitioner has been accorded all the benefits as per his

                   admissibility in terms with the statutory rules.

                                5. Be that as it may, considering the aforesaid

                   submissions set forth and the averments made in the show-cause

                   affidavits, the present contempt petition stands closed.

                                6. However, the petitioner shall be at liberty to agitate

                   his grievance, if he is not satisfied with the decision of the

                   authorities concerned.



                                               (Harish Kumar, J)
uday/-

U


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