Patna High Court
Most. Kanta Mandal,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the order dated 2 May 2018 had been complied with, and therefore the contempt petition was dismissed.
Summary
The petitioner, Most Kanta Mandal, sought initiation of contempt proceedings against the District Magistrate, Bhagalpur, alleging willful disobedience of a court order dated 2 May 2018 in CWJC No.13085 of 2010. The opposite parties produced a certificate from the Circle Officer dated 1 March 2022 stating that all dues including pension, gratuity, leave encashment and arrears of salary had been paid to the petitioner. The court examined the certificate and was satisfied that the order had been complied with. Consequently, the court found no ground to entertain a contempt petition. The petition was therefore dismissed and the matter disposed. The court emphasized that once compliance is established, the petitioner cannot agitate the same grievance further.
Issues considered
- Whether the District Magistrate, Bhagalpur, willfully disobeyed the order dated 2 May 2018 in CWJC No.13085 of 2010.
- Whether a contempt of court proceeding can be initiated against the respondents on the basis of alleged non‑payment of pension and related dues.
Subjects
- contempt of court
- civil writ jurisdiction
- government pension payment
- order compliance
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.223 of 2022
In
Civil Writ Jurisdiction Case No.13085 of 2010
======================================================
Most. Kanta Mandal, Wife of Late Ambika Mandal, Ex-Circle Inspector,
resident of Mohalla Sachida Nand Nagar, South of Airodrum, P.O. and P.S.
Tilka Manjhi, District Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Pankaj Kumar Pal, Secretary of Rural
Development, Government of Bihar, Patna.
2. The State of Jharkhand through Mr. Nagendra Nath Sinha, Secretary, Rural
Development, Jharkhand.
3. The Chief General Manager, Raj Mahal Area Group of Mines, Land
Acquisition Department, District Godda (Jharkhand).
4. The Area Finance Manager Raj Mahal Area, District Godda (Jharkhand).
5. The District Account Officer, Godda (Jharkhand).
6. Mr. Pravin Kumar Singh, the Principal Accountant General, Bihar, Patna,
Birchand Patel Road, Patna.
7. Mr. Subrat Kumar Sen, the District Magistrate, Bhagalpur.
8. Mr. Prem Kumar Singh Meena, the Divisional Commissioner, Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar, Advocate
For the Opposite Party/s : Mr. Anjani Kumar, AAG-4
: Mr. Chaitanya Suaroop, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiating a contempt of court
proceeding against the contemnors/opposite
parties specially contemnor no.7, District
Magistrate, Bhagalpur who is defaulter for his
Patna High Court MJC No.223 of 2022(3) dt.12-03-2026
2/2
intentional deliberate and willful action of
disobeying the order dated 02.05.2018 passed by
the Hon’ble Court in CWJC No. 13085 of 2010.”
3. The show cause on behalf of the opposite party no.
7 and 8 is on record and learned State counsel has taken this
Court to the certificate issued by the Circle Officer, Sahoula
dated 01.03.2022 which read as follows:
“This is to certify that payment under
differed Heads like Revised Pension, Gratuity,
Leave Encashment, arrear of salary for different
period, G.P.F. and arrear of salary following
revision of 1st and 2nd A.C.P. has already been
paid to Most. Kanta Mandal w/o late Ambika
Mandal.”
4. In that background, having convinced that the order
stands complied and allowing the petitioner to agitate the matter
if still has some grievance, the MJC No. 223 of 2022 is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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