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Patna High Court

Vidyanand Das @ Bidhyanand DasversusThe Bihar State Food and Civil Supplies Corporation Limited

Decided
Disposal
CONSIGNED

Holding

The court held that no contempt of court had occurred as the respondents had complied with the earlier order and the petitioner's claim was untenable, and therefore the contempt petition was dismissed.

Summary

The petitioner, Vidyanand Das, filed a contempt petition alleging that the Bihar State Food and Civil Supplies Corporation Ltd. (BSFC) willfully violated the High Court's order dated 22 June 2023 directing payment of his retiral dues and related formalities. The 2023 order required the Managing Director to pay all admissible dues within five weeks, submit EPF forms within three weeks, and provide necessary documents to the petitioner within two weeks. The court examined the show‑cause and reply filings, noting that the petitioner had been dismissed in 1991, reinstated in 1994, and superannuated in 2014, and that BSFC had already paid all dues up to the date of dismissal. Since the respondents had complied with the earlier order and no further relief was pending, the court concluded that the petitioner could not be held in contempt. Accordingly, the contempt petition was consigned (dismissed) and the accompanying review petition (C. Review No. 223 of 2024) was also dismissed. The court emphasized the limited jurisdiction under Article 215 of the Constitution and the Contempt of Courts Act, 1971.

Issues considered

  • Whether the respondents willfully violated the order dated 22 June 2023 regarding payment of the petitioner's retiral dues.
  • Whether the High Court has jurisdiction to entertain a contempt proceeding in the present circumstances.
  • Whether the petitioner is entitled to a review of the order dated 29 April 2011 in C.W.J.C. No.6997 of 2011.

Legislation cited

Subjects

  • contempt of court
  • retirement dues
  • Employees Provident Fund
  • writ jurisdiction
  • review petition
  • service dismissal
  • high court jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.2819 of 2023
                                          In
                    Civil Writ Jurisdiction Case No.209 of 2019
     ======================================================
     Vidyanand Das @ Bidhyanand Das Son of Late Mukha Das, Residetn of 462,
     Mirchi Talab, Dhobi Tola, Lal Darwaja, P.s. Munger, Distt. Munger.
                                                                 ... ... Petitioner/s
                                        Versus
1.    The Bihar State Food and Civil Supplies Corporation Limited through Sri
      Vinay Kumar, Son of not known, the Managing Director, Khadya Bhawan,
      R. Block, Daroga Prasad Rai Path, Road No. 2, Patna- 800001.
2.   Shri Amresh Kumar Amar, Son of not known, the General Manager
     (Administration), Bihar State Food and Civil Supplies Corporation Limited,
     Khadya Bhawan, R. Block, Daroga Prasad Rai Path, Road No. 2, Patna-
     800001.
3.   Sri Rakesh Kumar Ranjan, Son of not known, the Deputy General Manager
     (Administration), Accounts and Budget, Bihar State Food and Civil Supplies
     Corporation Limited, Khadya Bhawan, R. Block, Daroga Prasad Rai Path,
     Road No. 2, Patna- 800001.
4.    Shri Subhash Kumar, Son of not known, the District Manager, Bihar State
      Food and Civil Supplies Corporation Limited, Munger, District- Munger.
                                                          ... ... Opposite Party/s
     ======================================================
                                           with
                          CIVIL REVIEW No. 223 of 2024
                                         In
                  Miscellaneous Jurisdiction Case No.2819 of 2023
     ======================================================
1.    The Bihar State Food and Civil Supplies Corporation Limited through Sri
      Vinay Kumar, Son of not known, the Managing Director, Khadya Bhawan,
      R. Block, Daroga Pasad Rai Path, Road No. 2, Patna- 800001.
2.   Shri Amresh Kumar Amar, the General Manager (Administration), Bihar
     State Food and Civil Supplies Corporation Limited, Khadya Bhawan, R.
     Block, Daroga Prasad Rai Path, Road No. 2, Patna 800001.
3.   Sri Rakesh Kumar Ranjan, the Deputy General Manager (Administration),
     Accounts and Budget, Bihar State Food and Civil Supplies Corporation
     Limited, Khadya Bhawan, R. Block, Daroga Prasad Rai Path, Road No. 2,
     Patna- 800001.
4.   Shri Subhash Kumar, the District Manager, Bihar State Food and Civil
     Supplies Corporation Limited, Munger, District- Munger.

                                                                ... ... Petitioner/s
                                       Versus
     Vidyanand Das @ Bidhyanand Das Son of Late Mukha Das, Resident of 462,
     Mirchi Talab, Dhobi Tola, Lal Darwaja, P.S. Munger, Distt. Munger.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
          Patna High Court MJC No.2819 of 2023(15) dt.18-02-2026
                                                      2/6




                  (In Miscellaneous Jurisdiction Case No. 2819 of 2023)
                  For the Petitioner/s     :       Mr.Shweta Anand, Advocate.
                  For the Opposite Party/s :       Mr.Shailendra Kumar Singh, Advocate.
                  (In CIVIL REVIEW No. 223 of 2024)
                  For the Petitioner/s     :       Mr.Shailendra Kumar Singh, Advocate.
                  For the Opposite Party/s :       Mr.Shweta Anand, Advocate.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

15   18-02-2026                   Re.: M.J.C. No. 2819 of 2023

                                 Heard learned counsel appearing on behalf of the

                    petitioners and the learned counsel for the opposite parties.

                                 2. The petitioner in paragraph no. 1 of the present

                    contempt petition has sought, inter alia, following relief(s),

                    which is reproduced hereinafter:-

                                                “That this is an application for initiation of
                                    contempt proceeding against the opposite parties for their
                                    willful and deliberately violation of order dated 22.06.2023
                                    passed by Hon’ble Mr. Justice Purnendu Singh in C.W.J.C.
                                    No. 209/2019.”

                                 3. Vide order dated 22.06.2023 passed in C.W.J.C.

                    No. 209 of 2019, this Court, inter alia, has passed the following

                    order on the basis of the materials available on record being part

                    of the writ petition and the counter affidavit.

                                                 “Heard Ms. Shweta Anand, learned counsel
                                    appearing on behalf of the petitioner and Mr. Shailendra
                                    Kumar Singh, learned counsel appearing for the State.
                                            2. The retiral dues of the petitioner have been
                                    withheld by the Respondent-State (Bihar State Food & Civil
                                    Supplies Corporation Ltd., Munger) for the reasons that the
                                    service record of the petitioner was not available and also
                                    for non-availability of place of retirement either petitioner
                                    had retired from Dhanbad office or Munger office.
                                            2. Learned counsel appearing on behalf of the
                                    petitioner informs this Court that she has received
                                    instruction from the petitioner that the petitioner had retired
                                    on 30.06.2014 from S.F.C. office, Munger.
                                            3. Mr. Shailendra Kumar Singh, learned counsel
Patna High Court MJC No.2819 of 2023(15) dt.18-02-2026
                                            3/6




                          appearing on behalf of the Bihar State Food & Civil
                          Supplies Corporation Ltd. informs this Court that the
                          authority will make payment of admissible retiral dues
                          including E.P.F. and pension to the petitioner preferably
                          within a period of three weeks.
                                  4. It is made clear that the Managing Director of
                          Bihar State Food & Civil Supplies Corporation Ltd., Patna
                          must ensure that all the retiral dues admissible to the
                          petitioner are paid within time. He is also required to
                          inform the Commissioner of the Employees Provident Fund
                          (E.P.F.) along with the duly filled form including any other
                          form required to be filled in by the petitioner for the
                          purpose of payment within a period of three weeks. All the
                          dues amount payable to the petitioner must be paid within a
                          period of five weeks from the date of this order.
                                  5. The Managing Director must ensure that the
                          forms, which are required to be filled in by the petitioner,
                          must be handed over to the petitioner within a period of two
                          weeks from the date of this order so that the respondents
                          can take steps for making payment of all the retiral dues as
                          claimed.
                                  6. In case the Managing Director fails to abide by
                          this order in the manner as prescribed within a period of
                          five weeks, the petitioner is at liberty to take appropriate
                          action against the Managing Director in case of non-
                          compliance of order within time prescribed.
                                  6. Mr. Shailendra Kumar Singh, learned counsel
                          appearing on behalf of the Bihar State Food & Civil
                          Supplies Corporation Ltd.             must not wait for
                          pronouncement of this order, he must communicate
                          telephonically or by any other mode to the Managing
                          Director of Bihar State Food & Civil Supplies Corporation
                          Ltd, Patna.
                                  7. With the above direction/observation, the present
                          writ petition is disposed of.

                       4. It is clear in Paragraph No.4 of the order dated

          22.06.2023 passed in C.W.J.C. No. 209 of 2019 that the

          Managing Director, Bihar State Food & Civil Supplies

          Corporation Limited, Patna was directed to ensure that all the

          retiral dues admissible to the petitioner be paid within time. He

          was also directed to inform the Commissioner of the Employees

          Provident Fund (E.P.F.) along with the duly filled form and

          other form required to be filled in by the petitioner for the
Patna High Court MJC No.2819 of 2023(15) dt.18-02-2026
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          purpose of payment in respect of admissible retiral dues within a

          period of three weeks. It is pointed out that in the writ petition,

          the Regional Provident Fund Commissioner, Employees

          Provident Fund, Regional Office was not impleaded as a

          respondent.

                       5. Show cause has been filed on behalf of the Bihar

          State Food & Civil Supplies Corporation (hereinafter referred to

          as “BSFC”), as well as, on behalf of the Regional

          Commissioner, Employees Provident Fund, Regional Office,

          Bhagalpur.

                       6. Record reveals that the petitioner was dismissed

          from service on 20.02.1991. Against the dismissal order,

          petitioner has filed C.W.J.C. No. 6997 of 2011 which was

          dismissed vide order dated 29.04.2011 on merits though the

          petitioner had not appeared at the time of hearing of the case.

          The order dated 29.04.2011 passed in C.W.J.C. No. 6997 of

          2011 has been brought on record by way of Annexure R/3 to the

          show cause filed on behalf of the BSFC. This Court vide order

          dated 29.04.2011, inter alia, had passed following orders

          considering the objection raised by the stamp reporter and the

          pleadings made in the writ petition”

                                      “The stamp reporter has pointed out the defect
                          that the writ petition seems to be not maintainable as order
                          dated 4.11.2010 appears to be final order which is also
                          under challenge.
Patna High Court MJC No.2819 of 2023(15) dt.18-02-2026
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                                  When the matter was called out on 21.4.2011 no one
                          appeared for the petitioner. Again when the matter is called
                          out today none has appeared on behalf of the petitioner.
                                  The petitioner has challenged the order of dismissal
                          from service dated 20.2.1991 passed by the Chairman-cum-
                          Managing Director of the Bihar State Food & Civil
                          Supplies Corporation and further seeks quashing of the
                          order dated 4.11.2010 passed by the Additional Munsif, Vth
                          Munger, in Title Suit No. 70 of 1995, by which the suit filed
                          for declaration that the order of dismissal from service is
                          illegal, inoperative and without jurisdiction, has been
                          dismissed. It is pointed out by the stamp reporter that the
                          order dated 4.11.2010 being a final order passed in a title
                          suit is not amenable to the writ jurisdiction of this Court
                          and thus the writ petition is not maintainable.
                                  Against an order of dismissal passed in title suit,
                          which amounts to a decree, statutory remedy is provided
                          under the Code of Civil Procedure. In the above
                          circumstances, the writ application cannot be maintained
                          before this Court.
                                  The writ application is, accordingly, dismissed as
                          not maintainable.”

                          7. Against the show cause filed, the petitioner filed

          his reply on 26.07.2024 and in his reply has stated that the

          petitioner was dismissed from service in the year 1991 and

          thereafter the petitioner was reinstated in service on 02.06.1994

          and he superannuated on 30.06.2014. Statement in respect of

          reinstatement is contained in Para-10 of the reply to the show

          cause, however, the petitioner in support of the same has not

          brought on record even a chit of paper. Those information

          admittedly were not given in C.W.J.C. No. 209 of 2019 nor the

          said information finds reference in the order dated 22.06.2023

          under contempt.

                       8. As per the information contained in show cause

          filed by the respective parties, the petitioner has been paid as on
          Patna High Court MJC No.2819 of 2023(15) dt.18-02-2026
                                                      6/6




                    date all the retiral dues admissible to him till the date of his

                    dismissal and the EPF amount payable to him till February

                    1991.

                                 9. Jurisdiction of this Court under Article 215 of the

                    Constitution and the Contempt of Courts Act, 1971 is limited. A

                    person shall not be guilty of contempt of court for any action of

                    the Opposite Party in respect of which any relief has been

                    granted on the merits of the case on considering the materials

                    brought on record, which has been heard and finally decided.

                                 10. The petitioner, if so desires, may avail appropriate

                    remedy in accordance with law.

                                 11. The contempt petition, accordingly, stands
                    consigned.
                                 Re.: C. Review No. 223 of 2024

                                 12. Considering the fact that petitioner has not been

                    able to make out a case to interfere with my order dated

                    29.04.2011 passed in C.W.J.C. No. 6997 of 2011, I do not find

                    the present review is required to be adjudicated, is also

                    dismissed.




                                                                   (Purnendu Singh, J)
mantreshwar/-
U


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