Patna High Court
Raj Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
Since a reasoned and speaking order has been passed by the respondents, there is no basis to continue the contempt petition.
Summary
Petitioner Raj Kumar Prasad filed a contempt petition against the State of Bihar and officials of the Bihar State Road Transport Corporation (BSRTC) alleging willful disobedience of a High Court order dated 15‑11‑2022, which required the petitioner to submit a detailed representation and the respondents to consider the claim and pass a reasoned order with payment of dues within four months. The BSRTC officials submitted that they had complied by issuing a reasoned and speaking order, annexed to the affidavit. The Court examined the submissions and found that a reasoned order had indeed been passed, thereby satisfying the earlier directive. Consequently, the Court saw no ground to continue the contempt proceeding and ordered the petition to stand closed, while leaving the petitioner free to challenge the order if dissatisfied. The petition was thus disposed without finding contempt.
Issues considered
- Whether the respondents are in contempt for allegedly failing to comply with the High Court's order dated 15‑11‑2022.
- Whether a reasoned and speaking order has been passed by the respondents as required.
- Whether the contempt petition should be allowed to proceed.
Subjects
- contempt of court
- writ jurisdiction
- administrative compliance
- reasoned order
- BSRTC
- payment of dues
- court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1921 of 2023
In
Civil Writ Jurisdiction Case No.10405 of 2021
======================================================
Raj Kumar Prasad Son of Late Radha Prasad Resident of Village - Ojha
Bigha, Baidrabad, Police Station- Arwal, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Amir Subhani, the Chief Secretary,
Government of Bihar, Patna.
2. Smt. Basu Priya, the Administrator, Bihar State Road Transport Corporation,
Patna.
3. Mr. Anu Kumar, Chief of Administration, Bihar State Road Transport
Corporation, Pariwahan Bhawan, Patna.
4. Mr. Nand Kishore Singh, Chief Accounts Officer, Bihar State Road
Transport Corporation, Pariwahan Bhawan, Patna.
5. Mr. Arvind Kumar Singh, Regional Manager, Bihar State Road Transport
Corporation, East Gandhi Maidan, Patna.
6. Mr. Subhrajeet Chakravarty, Assistant Regional Manager, Bihar State Road
Transport Corporation, East Gandhi Maidan, Patna.
7. Mr. Arvind Kumar Singh, Divisional Manager, Bihar State Road Transport
Corporation, East Gandhi Maidan, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mrs. Anuradha Singh, SC-21
For the BSRTC : Mr. Suman Kumar Jha, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
5 13-03-2026 Learned Advocate for the respective parties are
present.
2. The present application is filed for initiation of a
contempt proceeding against the concerned opposite parties for
their willful and deliberate disobedience of the order of this
Court dated 15.11.2022 passed in C.W.J.C. No. 10405 of 2021.
Patna High Court MJC No.1921 of 2023(5) dt.13-03-2026
2/3
While disposing the writ petition, this Court has directed as
follows:-
6.“That CWJC No. 10405 of 2021 was
heard and disposed of vide order
dated 15/11/2022 with observation /
direction to petitioner as “to file a
detailed representation before the
Administrator, Bihar State Road
Transport Corporation along with all
the particulars relating to his
appointment, posting and retirement.
In case such representation is filed,
the respondent No.2 shall consider
the claim of the petitioner and pass a
reasoned and speaking order taking
into consideration, the order of this
court passed in CWJC No. 16033 of
2016, CWJC No. 23565 of 2019 and
CWJC No. 8988 of 2021, disposed of
on 08/01/2018, 24/06/2020 and
04/11/2022 respectively and in case
the claim of the petitioner finds
favor,the concerned respondents
shall be under obligation to ensure
payment of all the retrial /
outstanding dues along with
admissible statutory interest within a
period of four months from the date
of filing of such representation."”
3. Learned Advocate for the Bihar State Road
Transport Corporation submitted that in compliance with the
order of this Court a reasoned and speaking order has been
passed, the copy of which is placed as Annexure A to the show
Patna High Court MJC No.1921 of 2023(5) dt.13-03-2026
3/3
cause affidavit filed on behalf of opposite party nos. 2 to 8.
4. Having considered the submissions advanced and
taking note of the fact that a reasoned and speaking order has
already been passed by the concerned opposite parties, this
Court does not find and reason or occasion to continue with the
present contempt petition; accordingly the same stands closed.
5. However, the petitioner shall be at liberty to assail
the same, if he is not satisfied with the order.
(Harish Kumar, J)
supratim/-
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