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Patna High Court

Chandra Bhushan KumarversusThe State of Bihar

Decided
Disposal
CONSIGNED

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
                                                       3/3




                     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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