Patna High Court
Upendra KumarversusThe Union of India, through Secretary, Mrs. Nidhi Khare, Ministry of Consumer Affairs
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
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
Checking your session…