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Patna High Court

Ram Pramod RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed as the court found no sufficient ground to hold the respondents in contempt.

Summary

Ram Pramod Ray, a daily‑wages driver, filed a petition before the Patna High Court seeking initiation of contempt proceedings against the State of Bihar and several officials of the Water Resources Department, alleging willful violation of a court order dated 14‑02‑2005 in CWJC No.11507 of 1999. The opposite parties filed a show‑cause response stating that the petitioner’s claim for regularisation of his posting was rejected by a letter dated 17‑01‑2018 issued by the Chief Engineer, Flood Control. The Court examined whether the respondents had deliberately disobeyed the earlier order and whether contempt proceedings could be entertained. Finding no sufficient basis to proceed with contempt, the Court granted the respondents liberty to raise the matter if required but ultimately disposed of the petition. The petition was therefore dismissed without any contempt action.

Issues considered

  • Did the respondents willfully and deliberately violate the order dated 14‑02‑2005 in CWJC No.11507 of 1999?
  • Can contempt proceedings be initiated against the State of Bihar and its officials on the facts presented?
  • Is the petitioner entitled to regularisation of his posting under the earlier order?

Subjects

  • contempt
  • civil writ jurisdiction
  • water resources department
  • flood control
  • regularisation
  • high court
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2379 of 2017
                                                       In
                                Civil Writ Jurisdiction Case No.11507 of 1999
                 ======================================================
                 Ram Pramod Ray S/o Late Nandan Rai Resident of Village-Somanaha
                 Kashayat toli, P.S.-Chakmesi, District-Samastipur. At Present Posted At Flood
                 Control Division, Dalsingsarai, Samastipur, as Daily Wages Driver


                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary, W.R.D. Patna
           2.    Mr. Arun Kumar Singh, Principal Secretary, Water Resources Department,
                 Bihar, Patna
           3.    Mr. Bijendra Ram, The Chief Engineer, Water Resources Department, Sam
                 Samastipur
           4.    Mr. Vir Chandra Thakur, the Supritending Engineer, Floor Control Circle
                 Samastipur
           5.    Priya Shankar Appu, the Excutive Engineer, Flood Control Division,
                 Dalsingsarai, Samastipur


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrendra Kumar Sinha No.1, Advocate
                 For the State            :       Mr. Anjani Kumar, AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   09-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for initiation of contempt proceeding

                                        against the opposite parties for willful and

                                        deliberately violation of the order of the Hon’ble

                                        Court dated 14.02.2005 passed in CWJC No.

                                        11507 of 1999.”
            Patna High Court MJC No.2379 of 2017(5) dt.09-04-2026
                                                        2/2




                                   3. A show cause on behalf of the opposite party nos. 1

                      to 4 is on record according to which the claim for regularization

                      stands rejected vide letter no. 193 dated 17.01.2018 issued by

                      the    Chief     Engineer,       Flood        Control,   Water   Resources

                      Department, Samastipur (Annexure-F to the petition).

                                   4. Granting liberty to agitate the matter if required,

                      the petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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