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Patna High Court

Seema KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition for civil contempt was disposed of, with the petitioner given liberty to challenge the later memo if she chooses.

Summary

Petitioner Seema Kumari filed a petition seeking initiation of civil contempt proceedings against the State of Bihar and several education officials, alleging willful disobedience of an order dated 17‑03‑2017 passed in C.W.J.C. No.11024 of 2016. The respondents filed a show‑cause notice indicating that a later Memo No.385 dated 13‑03‑2020, signed by the Additional Chief Secretary, Education Department, had effectively negated the petitioner’s case. The High Court examined whether the contempt petition could proceed in view of the later memo. The Court granted the petitioner liberty to challenge the memo if she wished, but otherwise disposed of the contempt petition without proceeding to a contempt finding. The matter was therefore closed, leaving the petitioner free to approach a higher forum if desired.

Issues considered

  • Whether the petitioner is entitled to initiate civil contempt proceedings for alleged willful disobedience of the 17‑03‑2017 order.
  • Whether the later Memo No.385 dated 13‑03‑2020, which negates the petitioner’s case, bars the contempt petition.

Subjects

  • civil contempt
  • writ jurisdiction
  • contempt of court
  • order negation
  • education department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3130 of 2017
                                                       In
                               Civil Writ Jurisdiction Case No.11024 of 2016
                 ======================================================
                 Seema Kumari D/o- Shri Ramashish Mahto, resident of Village- Basauna,
                 P.O. Bhuswar, P.S. Bibhutipur, District- Samastipur.


                                                                               ... ... Petitioner/s

                                                      Versus

           1.    The State Of Bihar and Ors
           2.    Mr. M. Ramchandratudu, the Director, Primary Education, Government of
                 Bihar, New Secretariat, Patna
           3.    Mr. Yogendra Ram, the Secretary, Bihar Staff Selection Commission,
                 Vetenary College, Patna.
           4.    Mr. R.K. Mahajan, the Principal Secretary, Department of Education,
                 Government of Bihar, Patna.


                                                                          ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vasant Vikas
                 For the Opposite Party/s :      Mr. Prabhat Ranjan Singh, AC to AAG 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER


4   30-04-2026                      Heard the parties.

                                2. The present petition has been preferred:

                                                for initiation of proceeding of civil

                                   contempt against the Contemnors / Opposite

                                   Parties    for     their    willful   disobedience       and

                                   deliberate       disrespect    to     the   order      dated
             Patna High Court MJC No.3130 of 2017(4) dt.30-04-2026
                                                         2/2




                                       -17.03.2017 passed in C.W.J.C. No. 11024 of 2016

                                       (Seema Kumari Vs. the State of Bihar & Others)

                                    3. Show cause is on record on behalf of the opposite

                       party no.4 which shows that vide Memo No.385 dated

                       13.03.2020, the case of the petitioner has been negated. The

                       order has been signed by the Additional Chief Secretary,

                       Education Department, Govt. of Bihar, Patna.

                                    4. Granting liberty to the petitioner to challenge the

                       said order if she so want, the M.J.C. No. 3130 of 2017 is

                       disposed of.



                                                      (Rajiv Roy, J)
Abhishek/-

U


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