Patna High Court
Mohan Lal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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/-
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