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Patna High Court

Upendra KumarversusThe Union of India, through Secretary, Mrs. Nidhi Khare, Ministry of Consumer Affairs

Decided
Disposal
DISMISSED

Holding

The contempt petition was dismissed because the respondents had complied with the Court's earlier order, making the contempt allegation untenable.

Summary

The petitioner, a Group C employee of the Bureau of Indian Standards, challenged a transfer order from Patna to Madurai through multiple writ petitions, the latest being CWJC No.14325 of 2024, which directed the respondents to communicate the action taken on his representation dated 12 July 2024. The respondents complied with the order, disposing of the representation and communicating the decision via email and post. The petitioner then filed a contempt petition alleging non‑compliance, despite the respondents’ evidence of compliance. The Court examined the counter‑affidavit and found that the order had indeed been complied with, rendering the contempt petition unnecessary. Consequently, the Court dismissed the contempt petition and imposed a cost of Rs. 10,00,000 on the petitioner for frivolous invocation of contempt jurisdiction.

Issues considered

  • Whether the respondents complied with the High Court's order dated 23 September 2024 directing them to communicate the action taken on the petitioner's representation.
  • Whether the petitioner was justified in invoking contempt jurisdiction against the respondents.

Subjects

  • contempt of court
  • transfer order
  • writ petition
  • representation
  • cost of litigation
  • judicial interference

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.205 of 2025
                                                          In
                                 Civil Writ Jurisdiction Case No.14325 of 2024
                  ======================================================
                  Upendra Kumar Son of Shiv Kumar Prasad, resident of Mohalla- Awas Nagar,
                  P.S.- Ahiyapur, Post- M.I.T., Distt. - Muzaffarpur- 842003.

                                                                               ... ... Petitioner/s
                                                   Versus
            1.    The Union of India, through Secretary, Mrs. Nidhi Khare, Ministry of
                  Consumer Affairs Food and Public Distribution, Department of Bureau of
                  Indian Standards, Krishi Bhawan, New Delhi-110001.
            2.    The Director General, Mr. Pramod Kumar Tiwari, Bureau of Indian
                  Standards, Bahadur Sah Zafar Marg, New Delhi- 110002.
            3.    The Dy. Director General (Eastern Region), Mr. Anuj Swarup Bhatnagar,
                  Bureau of Indian Standards, Eastern Regional Office, 6th Floor, Plot no.- 7/7
                  and 7/8, CP Block, Sector V, Salt Lake, Kolkata -700091.
            4.    The Dy. Director General (Administrative), Mr. Kumar Shantanu, Bureau of
                  Indian Standards, Bahadur Sah Zafar Marg, New Delhi-110002.
            5.    The Director (Establishment), Mr. Shoaib Akhter, Bureau of Indian
                  Standards, Bahadur Sah Zafar Marg, New Delhi- 110002.
            6.    The Scientist E and Head, Mr. Suman Kumar Gupta, Patna Branch Office,
                  Bureau of Indian Standards, Patliputra Industrial Estate, Patna- 800013.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Ravi Ranjan, Advocate
                  For O.P. Nos.1 to 5    :      Mr. Ram Tujabh Singh, CGC
                                                Mr. Radhika Ranjan, Advocate
                  For O.P. No.6          :      Mr. Sanjay Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

10   24-04-2026                      Heard Mr. Ravi Ranjan, learned counsel appearing

                    on behalf of the petitioner; Mr. Ram Tujabh Singh along with

                    Mr. Radhika Ranjan, learned counsel for the O.P. Nos.1 to 5

                    and and Mr. Sanjay Kumar, learned counsel for the O.P. No.6.

                                  2. Mr. Sanjay Kumar, learned counsel appearing on

                    behalf of        the Bureau of Indian Standards, Patna Branch
Patna High Court MJC No.205 of 2025(10) dt.24-04-2026
                                            2/3




          referring to paragraph no.6, 7. 8 and 9 of counter affidavit filed

          on behalf of the Union of India submitted that the order under

          contempt appears to have been complied. The said paragraphs

          are reproduced hereinafter:

                                      “6. That the petitioner is an employee working
                          under the Bureau of Indian Standards, Ministry of
                          Consumer Affairs, Food & Public Distribution,
                          Government of India, New Delhi, posted at the Patna office
                          in Group “C”. By an office order dated 01.09.2023, the
                          petitioner, along with a group of employees, was
                          transferred from Patna to Madurai. Aggrieved by this
                          transfer order, the petitioner filed writ petition CWJC
                          No.16682 of 2023, which was disposed of vide order dated
                          15.01.2024, granting liberty to the petitioner to approach
                          the concerned authorities for redressal. As no action was
                          taken, the petitioner filed another writ petition CWJC
                          No.5912 of 2024. By order dated 05.07.2024 in the said
                          case, the petitioner was again granted liberty to file a
                          representation with the authorities. Consequently, the
                          petitioner submitted a representation dated 12.07.2024
                          challenging the transfer order.
                                      7. That it is stated that subsequently, the
                          petitioner filed Writ Petition CWJC No.14325 of 2024,
                          wherein by order dated 23.09.2024, this Hon’ble Court
                          directed the respondents to communicate the action taken
                          regarding the petitioner’s representation dated 12.07.2024.
                                      8. That it is submitted that in compliance with
                          the aforesaid order, the respondent authorities duly
                          disposed of the petitioner’s representation dated
                          12.07.2024.
                                      9. That it is further, submitted that the decision
                          communicated in the disposal letter was duly conveyed to
                          the petitioner through both email and postal
                          communication.”

                       3. Considering the aforesaid information, the present

          contempt petition stands dismissed, considering the fact that the

          petitioner unnecessarily invoked the contempt jurisdiction of

          this Court without properly appreciating the order passed,

          thereby      causing       unwarranted        interference     in    judicial
           Patna High Court MJC No.205 of 2025(10) dt.24-04-2026
                                                       3/3




                     proceedings. As such, a cost of Rs. 10,00,000/- (Rupees Ten

                     Lakhs) is imposed upon the petitioner. The said amount shall be

                     deposited with the High Court Legal Services Committee within

                     a period of 15 days from the date of this order.



                                               (Purnendu Singh, J)
Sanjay/-

U


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