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Patna High Court

Dr. Surendra Mohan Kumar Sinha and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed and the matter was disposed.

Summary

Dr. Surendra Mohan Kumar Sinha filed a petition seeking contempt proceedings against the State of Bihar and several health department officials, alleging willful violation of an order dated 23 July 2012 in CWJC No. 16817 of 2009. The opposite parties filed a show‑cause response and attached annexures indicating that leave applications were approved on 8 February 2018 and 3 July 2020. The Court examined whether the alleged non‑compliance amounted to contempt and whether the petition could proceed. Finding that the opposite parties had obtained the necessary leave, the Court granted the petitioner liberty to raise any further grievance but otherwise disposed of the petition. Consequently, the petition was dismissed without further contempt proceedings.

Issues considered

  • Whether the opposite parties willfully violated the order dated 23‑07‑2012 and are liable for contempt
  • Whether the petitioner is entitled to initiate contempt proceedings against the State and its officials

Subjects

  • contempt
  • civil writ jurisdiction
  • order violation
  • high court
  • health department
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2784 of 2017
                                                    In
                              Civil Writ Jurisdiction Case No.16817 of 2009
                 ======================================================
                 Dr. Surendra Mohan Kumar Sinha and Anr S/o Late Ramchandra Prasad
                 Bihar

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar.
           2.    Sri Rajnish Kumar Mahajan, The Commissioner-Cum-Secretary, Health,
                 Medical Education and Family Welfare Department, New Secretariat, Patna
           3.    Sachida Nand Choudhary, The Special Secretary, Health, Medical Education
                 and Family Welfare Department, New Secretariat, Patna
           4.    Dr. Karuna Kumari The Joint Secretary Health, Medical Education and
                 Family Welfare Department, New Secretariat, Patna
           5.    Sudhir Kumar, the Deputy Secretary, Department of Health, Govt. of Bihar,
                 New Secretariat, Patna
           6.    Smt. Sujata Cha......, The Commissioner/ Secretary Finance Department,
                 New Secretariat, Patna
           7.    Kavindra Prasad Singh, The Director-in-Chief, Health Services, Bihar, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr. S. D. Yadav Aag 9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiation of contempt proceeding

                                   against the opposite parties for willful and

                                   deliberate violation of order dated 23.07.2012

                                   passed in CWJC No. 16817 of 2009.”

                                3. A show cause has come on behalf of the opposite
          Patna High Court MJC No.2784 of 2017(5) dt.09-04-2026
                                                      2/2




                    party no. 2 and learned State counsel has taken this Court to

                    Annexures-C and D to show that vide order dated 08.02.2018

                    and 03.07.2020, the leave applications were approved.

                                 4. Granting liberty to the petitioner, if he still have

                    any grievance, the MJC No. 2784 of 2017 stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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