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Patna High Court

Kalyani DeviversusThe State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna and Ors

Decided
Disposal
DISPOSED

Holding

The Court disposed of the contempt petition, granting the petitioner liberty to pursue the matter further but not proceeding with contempt proceedings.

Summary

Kalyani Devi, the widow of the late Kompany Singh, filed a contempt petition against the State of Bihar and several officials of the Public Health Engineering Department, alleging wilful disobedience of an order dated 11 September 2017 that directed the respondents to consider her regularisation on the same footing as another employee, Manoj Kumar Paswan. The petitioner claimed that despite the order, the concerned authorities deliberately failed to act, thereby violating the court's direction. The respondents produced a show‑cause notice and a memo dated 18 March 2024 indicating that the petition had been rejected by the Executive Engineer. The Court examined the submissions and, without finding sufficient grounds to proceed with contempt proceedings, granted the petitioner liberty to agitate the matter further if desired. Consequently, the contempt petition was disposed of by the Court.

Issues considered

  • Whether the respondents are in contempt of the order dated 11 September 2017 directing regularisation of the petitioner.
  • Whether the contempt petition is maintainable in view of the show‑cause notice and the memo rejecting the petition.

Subjects

  • contempt of court
  • regularisation
  • public health engineering department
  • wilful disobedience
  • civil writ jurisdiction
  • petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.271 of 2018
                                                       In
                                Civil Writ Jurisdiction Case No.4121 of 2014
                  ======================================================
                  Kalyani Devi Wife of Late Kompany Singh, resident of Village- Mamai, P.O.-
                  Mamai, P.S.- Asarganj, District- Munger, Bihar.

                                                                                ... ... Petitioner/s
                                                Versus
            1.    The State Of Bihar Through The Chief Secretary, Government Of Bihar,
                  Patna and Ors
            2.    Mr. Vinay Kumar, The Principal Secretary, Public Health Engineering
                  Department, Government of Bihar
            3.    Mr. Ritesh Kumar, The Engineer In Chief, Public Health Engineering
                  Department, Government of Bihar,
            4.    Mr. V.K. Srivastava, The Superintending Engineer, Public Health
                  Engineering Department, Government
            5.    Mr. Ajit Kumar, The Executive Engineer, Public Health Engineering
                  Department, Government of Bihar,

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Rakesh Kumar Sinha, Advocate
                  For the Opposite Party/s :        Mr.S. Raza Ahmad, AAG- 5
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

11   02-04-2026                  Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief/s:

                                               (i) for initiation of a contempt proceeding

                                               against the opposite parties for the wilful

                                               dis-obedience shown by the opposite parties

                                               to the order dated 11.09.2017, passed in

                                               C.W.J.C No 4121/2014 with a direction to

                                               the Respondents to consider the case of the
         Patna High Court MJC No.271 of 2018(11) dt.02-04-2026
                                                     2/2




                                           petitioners for their regularization as the

                                           case of the petitioners stands on the same

                                           footing as that of Manoj Kumar Paswan,

                                           who has already been appointed, within

                                           three months from the date of receipt /

                                           production of their order" but the concerned

                                           authority are deliberately not complying this

                                           Hon'ble Court's Order intentionally and

                                           kindly punish the opposite parties suitably

                                           therefore.

                                3. Mr. Vishwambhar Prasad has taken this Court to

                   the show cause filed by the opposite party to show that the

                   petition stands rejected vide memo no. 677 dated 18.03.2024 by

                   the Executive Engineer, Public Division, Munger.

                                4. Granting liberty to the petitioner to agitate the

                   matter, if any, the contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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