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Patna High Court

Rudra Prakash Mishra,versusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as the respondents had complied with the substantive order, leaving no basis for contempt.

Summary

The petitioner, a retired employee, sought to initiate contempt proceedings against the State of Bihar and officials for allegedly refusing to comply with a September 2, 2020 order directing payment of his full post‑retirement pension and related arrears within specified time limits. The court noted that the respondents had already paid the entire post‑retirement dues, but the petitioner had not submitted a no‑dues certificate nor handed over the caretaker charge to his successor. The State counsel argued that the substantive order was satisfied, leaving only procedural grievances. The judge held that since the principal order was complied with, there was no ground for contempt and the petition was therefore disposed. Consequently, the contempt petition was dismissed without further orders.

Issues considered

  • Whether the respondents' failure to obtain a no‑dues certificate and to hand over caretaker charge constitutes contempt of the earlier court order
  • Whether the payment of the full post‑retirement dues satisfies the court's directive and bars a contempt proceeding

Subjects

  • contempt of court
  • post‑retirement pension
  • no‑dues certificate
  • caretaker handover
  • court order compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1844 of 2021
                                                         In
                                 Civil Writ Jurisdiction Case No.4447 of 2020
                 ======================================================
                 Rudra Prakash Mishra, Son of Surya Narayan Mishra, Resident of Village
                 Belaur, P.O. - Belaur, P.S. - Guthani, District - Siwan.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar, through Principal Secretary, Science and Technology
                 Department, Government of Bihar, Patna.
           2.    Mr. Sanjeev Kumar, Director, Science and Technology Department,
                 Government of Bihar, Patna.
           3.    Principal, Lok Nayak Jai Prakash Institute of Technology (LNJPIT), Chapra,
                 At and PO and P.S. Chapra, District - Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Parth Gaurav
                 For the Opposite Party/s :     Mr.Archana Meenakshee (Gp 6)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                     Heard the parties.

                                 2. The petitioner has prayed for grant of following

                   relief :-

                                          “1. That this application is being filed
                               for initiating a contempt proceeding against
                               Respondent      Authorities      for     intentionally,
                               deliberately and willfully disobeying the essence of
                               the order dated 02.09.2020 passed by Hon'ble Mr.
                               Justice Anil Kumar Upadhyay passed in C.W.J.C.
                               No.4447/2020,      whereby,       the     Respondent
                               Authorities was directed to ensure the payment of
                               entire post-retiral dues after completing all the
                               formalities, if any, required in the process of
Patna High Court MJC No.1844 of 2021(3) dt.10-03-2026
                                            2/3




                    finalization of the pension of the Petitioner. Also, it
                    was further directed that the entire exercise in this
                    regard must be completed by the Respondents
                    within a maximum period of 60 days from the date
                    of receipt/production of the copy of this order and
                    ensure payment of arrears as well as current
                    pension sought to be paid to the Petitioner within
                    further period of one month failing which the
                    Petitioner would be entitled to 9% interest from 31 st
                    of July, 2019 till the date of actual payment which
                    shall be borne out from the pocket of the
                    respondents.

                       3. The show cause of the Opposite Party is on record

          and learned State counsel has taken to that Court to paragraph

          11 which reads as follows :-

                                 “11. That in compliance to the Hon'ble
                     Courts orders and direction the opposite party
                     has already paid entire post retiral due of the
                     petitioner, as such at present there is nothing
                     pending at the level of answering opposite party.
                     However, it is important to mention here that in
                     compliance to the order and directions passed by
                     this Hon'ble Court entire post retiral dues of the
                     petitioner has already been given but inspite of
                     several reminders by the opposite party he has
                     neither submitted its no dues certificate time on
                     before the opposite party nor he handed over the
                     charge of post its "Caretaker" to his successor.

                       4. In view of the fact that the orders stands complied,

          granting liberty to the petitioner to agitate his grievance if still
            Patna High Court MJC No.1844 of 2021(3) dt.10-03-2026
                                                        3/3




                      subsist, the contempt petition stands disposed of.



                                                                    (Rajiv Roy, J)
sanjeev/-

U


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