Patna High Court
Chandra Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The court held that the order dated 08.05.2023 has been complied with and therefore the contempt petition is consigned.
Summary
The petitioner, a retired toll clerk, filed a contempt petition alleging that the State of Bihar and its officials had failed to pay his pending General Provident Fund (GPF) amount despite a court order dated 08.05.2023 directing payment and disciplinary action against errant officers. The order required the Additional Chief Secretary, Finance Department, to ensure payment and produce acknowledgment, with a further hearing scheduled. The respondents filed a show‑cause response asserting that the GPF amount had been credited to the petitioner’s account, attaching a payment voucher as proof. Upon reviewing the annexed evidence, the court found that the order had been fully complied with. Consequently, the court consigned the contempt petition, indicating that no further contempt proceedings would continue, while suggesting the petitioner may file a fresh representation if needed.
Issues considered
- Whether the order dated 08.05.2023 directing payment of the petitioner’s GPF amount has been complied with
- Whether the contempt petition should be dismissed on the ground of compliance
- Whether any further disciplinary action against the officials is warranted
Subjects
- General Provident Fund
- contempt of court
- government payment
- civil writ jurisdiction
- disciplinary action
- court order compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2238 of 2023
In
Civil Writ Jurisdiction Case No.803 of 2023
======================================================
Chandra Bhushan Kumar Son of Late Narayan Prasad, Resident of Village-
Bairiganj, ward no. - 5, P.O. - Khapura, P.S.- Nagarnausa, District - Nalanda,
Retired Toll Clerk, Mahatma Gandhi Setu Division, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Pratyay Amrit, the Additional Chief
Secretary, National Highway, Road Construction Department, Govt. of
Bihar, Patna.
2. Shri Pratyay Amrit the Additional Chief Secretary, National Highway, Road
Construction Department, Govt. of Bihar, Patna.
3. Shri Amarnath Pathak, the Chief Engineer, National Highway Road
Construction Department, Govt. of Bihar, Patna.
4. Shri Ramanand Mahto, the Superintending Engineer, National Highway,
Circle, Patna.
5. Shri Rajeev Kumar, the Executive Engineer, National Highway, East
Division, Patna.
6. Dr. Chandra Shekhar Singh, the District Magistrate, Patna.
7. Shri Rajeev Kumar, the Executive Engineer, Division, Gaighat, Road
Construction Department, Patna.
8. Ms. Priyanka Kumari, the Assistant Director, Provident Fund, Directorate,
Pant Bhawan, Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate
For the Opposite Party/s : Mr. Rajeev Shekhar, (AC to GA 13)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 18-02-2026 Heard Mr. Shailendra Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Rajeev Shekhar,
learned AC to GA 13 appearing on behalf of the State.
2. This Court vide order dated 08.05.2023 in CWJC
No. 803 of 2023 passed the following order:
"Heard Mr. Shailendra Kumar-
learned counsel appearing on behalf of the
petitioner, Mr. Amit Prakash- learned G.A. 13
Patna High Court MJC No.2238 of 2023(2) dt.18-02-2026
2/3
appearing for the respondents and Ms. Priyanka
Kumari- learned counsel appearing for the
Assistant Commissioner (GPF).
2. The Additional Chief Secretary,
Finance Department, Government of Bihar is
directed to ensure payment of remaining amount of
G.P.F., which has not been paid to the petitioner till
date.
3. The G.P.F. Officer is present in the
Court and she has stated that payment can not be
done in want of any deposit made in the account.
4. The Government of Bihar has
uploaded the deduction statement of the GPF for
the relevant period on the website, for which the
petitioner has not been paid.
5. The Additional Chief Secretary,
Finance Department, Government of Bihar must
ensure the payment and if required, must also take
appropriate disciplinary action against those, who
has misappropriated including the present
Provident Officer, who has refused to make
payment at any cost.
6. It is made clear that the Lower
Division Clerk and the Head Clerk are responsible
for keeping the records and appropriate disciplinary
action must be taken against those government
officials for having not made available the file
relating to the petitioner.
7. The G.P.F. Officer, who is present
in the Court, must produce the acknowledgment
regarding payment of the remaining GPF amount to
the petitioner.
8. In case the payments are not made,
the Additional Chief Secretary, Finance
Department, Government of Bihar must be present
in the Court personally on 08.05.2023 at 10:30
A.M. along with the GPF Officer and the Assistant
Provident Officer as well as the concerned
Clerk/Clerks of the office.
9. Put up this case on 08.05.2023
among top ten cases at 10:30 A.M.
10. The Additional Chief Secretary,
Finance Department, Government of Bihar must
furnish action taken report against the Head Clerk
and the Lower Division Clerk (LDC), if delay has
been caused on their part."
3. A show-cause has been filed stating that the order
dated 08.05.2023 has been complied with in its true spirit. It is
submitted that the total amount of GPF has been paid to the
petitioner in accordance with law, and the petitioner has duly
Patna High Court MJC No.2238 of 2023(2) dt.18-02-2026
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acknowledged the receipt of the same, as would appear from
Annexure–C. In this regard, O.P. No. 8 has filed a show-cause
along with the payment voucher annexed as Annexure–C. Letter
No. 1149 dated 22.09.2023, together with the said payment
voucher, has also been enclosed as Annexure–C to the show-
cause.
4. Considering the aforesaid information, as well as,
the fact that the GPF amount has already been credited in the
petitioner’s account (Annexure-C), the order stands duly
complied with. Accordingly, the present contempt petition is
consigned. However, the petitioner, if so advised, may file a
fresh representation in accordance with law.
(Purnendu Singh, J)
Ashishsingh/-
U
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