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Patna High Court

Harendra KumarversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court held that the order dated 13 July 2023 had been complied with, and therefore the contempt petition was consigned.

Summary

Harendra Kumar filed a contempt petition against the Union of India and officials of the Bihar State Co-operative Marketing Union Ltd., alleging non‑compliance with an order dated 13 July 2023 concerning payment of gratuity and leave encashment. The respondents filed a show‑cause memorandum asserting that the required amount had been paid, attaching payment vouchers and bank statements as Annexure‑B and Annexure‑C. The Court examined the show‑cause filing and the annexed documents, finding that the due amount had indeed been credited to the petitioner's account. Consequently, the Court held that the original order had been complied with in its true spirit. The contempt petition was therefore consigned, effectively dismissing it, with a direction that the petitioner may file a fresh representation if desired.

Issues considered

  • Whether the order dated 13 July 2023 was complied with by the respondents
  • Whether the contempt petition should be dismissed on the basis of compliance

Subjects

  • contempt
  • gratuity
  • leave encashment
  • order compliance
  • High Court
  • show-cause

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3128 of 2023
                                                       In
                                 Civil Writ Jurisdiction Case No.2498 of 2023
                 ======================================================
                 Harendra Kumar Son of Late Saryu Prasad Singh Resident of Village
                 Sarathua, P.S.- Udwant Nagar, District- Bhojpur.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The Union of India through Regional Provident Fund Commissioner, Patna,
                  R Block, Road No. 6, Patna.
           2.    Mr. M.S. Arya Regional Provident Fund Commissioner, Patna, R Block,
                 Road No. 6, Patna, Bihar.
           3.    Mr. Sunil Singh, Chairman, Bihar State Co-operative marketing union ltd.,
                 (Biscomaun)
           4.    Mr. Ram Pratap Singh, Managing Director, (Biscomaun), Patna
           5.     Mr. Kumar Gaurav, Finance Controller, (Biscomaun), Patna.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Amrendra Narayan Rai, Advocate
                 For the Opposite Party/s :    Mr.Prashant Sinha, Advocate
                 For the Respondent/s     :    Mr. Vikas Kumar, Advocate
                                               Ms. Aradhana Kumari, Advocate
                                               Mr. Akash Deep, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

7   25-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned counsels appearing on behalf of the

                   respondents.

                                2. A show-cause has been filed stating that the order

                   dated 13.07.2023 has been complied with in its true spirit. It is

                   submitted that the payment has been made to the petitioner in

                   respect of gratuity and leave encashment, as would appear from

                   Annexure–C. In this regard, O.P. No. 3 to 5 has filed a show-

                   cause along with the payment voucher annexed as Annexure–B
           Patna High Court MJC No.3128 of 2023(7) dt.25-02-2026
                                                       2/2




                     vide Memo No.-Vidhi/17/M-1330 dated 30.01.2026.

                                  3. Considering the aforesaid information, as well as,

                     the fact that the due amount has already been credited in the

                     petitioner’s account (Annexure-B), 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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