Patna High Court
Seema KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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