Patna High Court
Dr. Nirbhay Narayan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents’ non‑compliance with the earlier order amounted to willful disobedience warranting contempt proceedings, but allowed the petition to be withdrawn subject to payment of the admissible dues.
Summary
Dr. Nirbhay Narayan Choudhary, a retired university professor, filed a writ petition seeking payment of his admissible dues after his termination. The High Court had earlier ordered the respondents to calculate and pay these dues within four months, but the respondents failed to comply. The petitioner then moved for initiation of contempt proceedings against the respondents for willful disobedience of the June 30, 2021 order. The Court held that the non‑compliance constituted contempt, yet permitted the petitioner to withdraw the writ with a direction that the dues be paid and issued a show‑cause notice to respondents 3, 4 and 5. The matter was ultimately disposed with the observation that the petitioner could still agitate the issue if desired.
Issues considered
- Does the respondents' failure to comply with the order dated 30‑06‑2021 amount to contempt of court?
- Is the petitioner entitled to payment of his admissible dues, including the deducted provident fund?
- Can the writ petition be withdrawn while directing payment of dues and initiating contempt proceedings?
Subjects
- contempt of court
- civil writ jurisdiction
- university employment
- retirement benefits
- non‑compliance with court order
- admissible dues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2152 of 2021
In
Civil Writ Jurisdiction Case No.2507 of 2021
======================================================
Dr. Nirbhay Narayan Choudhary Son of Late Bhola Chaudhary Retired
University Professor and Head of Department of Physics, L.N. Mithila
University, Darbhanga, present resident of Road No.3, 52 Bigha, Laxmisagar,
P.S.- L.N.M.U., District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna, namely Sri Sanjay Kumar (I.A.S.).
2. His Excellency Chancellor of Universities of Bihar, Raj Bhawan, Patna,
namely Sri Phagu Chouhan.
3. L.N. Mithila University, Darbhanga through its Vice Chancellor, namely Sri
S.P. Singh.
4. Mr. S.P. Singh, Son of not known, the Vice Chancellor, L.N. Mithila
University, Darbhanga.
5. Dr. Mustaq Ahmad, Son of not known to the petitioner, at present posted as
L.N. Mithila University, Darbhanga.
6. Dr. Laxmi Kant Jha Son of Late Gangadhar Jha at present working as
Assistant Professor, M.L.S.M. College, Darbhanga, District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Rastogi (AAG 10)
For LNMU : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present matter has been preferred for :
“initiation of a contempt
proceeding against the opposite parties
for their willful disobedience and non-
compliance of the order dated 30.06.2021
passed in C.W.J.C. No. 2507/2021 by
Patna High Court MJC No.2152 of 2021(3) dt.12-03-2026
2/3
Hon'ble Mr. Justice Anil Kumar
Upadhyay by which this Hon'ble Court
has been pleased to direct the
Respondents for calculating the
admissible dues of the petitioner and pay
the same at the earliest within a period of
four months from the date of
receipt/production of a copy of this order,
but after elapse of more than four months
the Respondents/ Opposite Parties have
not taken any steps with regard to the
grievance of the said order passed by this
Hon'ble Court which is willful
disobedience of the order passed by this
Hon'ble Court, for this the Opposite
Parties No.3, 4 and 5 are liable for
suitable conviction and sentence.”
3. The writ petition was permitted to be withdrawn
with a direction to pay the admissible dues, a show-cause on
behalf of the Opposite Party Nos. 3 to 5 is on record and learned
counsel for the LNMU has taken this Court to paragraph 7
which read as follows:
“That since, the termination of
the services of the petitioner was made
Patna High Court MJC No.2152 of 2021(3) dt.12-03-2026
3/3
оп the recommendation of the
Departmental Committee in which it was
mentioned at Point No.-7(ii) that "seeing
the long services rendered by him
through illegally recovery of pay should
be avoided since he has discharged his
duties and taught the students." and at
Point No.-7(iii)." He may be allowed to
receive the amount of Provident Fund
Account which was deducted from his
salary and should not be entitled for any
other retiral benefits since his very
appointment/subsequent regularization
and promotions are found to be illegal.”
4. The University has taken a decision, the petitioner
if so wants can very well agitate the matter, MJC No. 2152 of
2021 is disposed of with the aforesaid observation.
(Rajiv Roy, J)
atul/-
U T
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