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Patna High Court

Ran Vijay KumarversusThe State Of Bihar, Through The Commissioner Cum Secretary, Department Of Education, Govt. Of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, effectively dismissing the allegation of contempt.

Summary

The petitioner, Ran Vijay Kumar, filed a contempt petition against the State of Bihar and several education officials, alleging willful disobedience of a Patna High Court order dated 5 February 2018 in C.W.J.C. No. 19361 of 2016. The petitioner sought initiation of contempt proceedings for the alleged refusal to grant a compassionate appointment. The respondents filed a show‑cause memorandum indicating that the claim for compassionate appointment was rejected by memo No. 3588 dated 15 September 2018. The Court examined whether the respondents’ action amounted to contempt of its earlier order. Concluding that the petitioner could still raise any grievance through appropriate agitations, the Court disposed of the contempt petition without further proceeding.

Issues considered

  • Whether the respondents are in contempt of the Patna High Court order dated 5‑Feb‑2018.
  • Whether the contempt petition is maintainable in view of the respondents' rejection of the compassionate appointment claim.

Subjects

  • contempt of court
  • compassionate appointment
  • writ jurisdiction
  • administrative law
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1942 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.19361 of 2016
                 ======================================================
                 Ran Vijay Kumar Son of Umesh Singh, Resident of Village P.O. P.S.- Desari,
                 District- Vaishali at Hajipur.

                                                                                ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar, Through The Commissioner Cum Secretary, Department
                 Of Education, Govt. Of Bihar
           2.    Mr. M. Ram Chandrud, Director, Department of Primary Education, Govt.
                 of Bihar, New Secretariat, Bi
           3.    Mr. Rajeev Roshan, District Magistrate, Vaishali at Hajipur.
           4.    Dr. Sangeeta Sinha, District Education Officer, Vaishali at Hajipur.
           5.    Mr. Dinesh Kumar Choudhary, District Programme Officer Establishment
                 Vaishali at Hajipur.
           6.    Mrs. Urmila Kumari, Block Education Extension Officer, Desari, District-
                 Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Om Prakash Om, Advocate
                 For the Opposite Party/s :       Mr.Ashutosh Ranjan Pandey - Aag 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of Contempt of Court

                                              proceeding     against     the      contemnors/

                                              Opposite Parties for deliberate violation

                                              compliance non and willful disobedience of

                                              the order of this Hon'ble Court dated

                                              5.2.2018, passed in C.W.J.C. No. 19361 of
         Patna High Court MJC No.1942 of 2018(6) dt.12-03-2026
                                                     2/2




                                           2016.

                                3. The show cause filed on behalf of opposite party is

                   on record and it shows that vide memo no. 3588 dated

                   15.09.2018, the claim for the petitioner for compassionate

                   appointment has been rejected.

                                4. In that background, allowing the petitioner to

                   agitate the matter, if the petitioner still has any grievance, the

                   contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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