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Patna High Court

Most. Kanta Mandal,versusThe State of Bihar

Decided
Disposal
DISPOSED

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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