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Patna High Court

Sri Devendra Prasad SinghversusSyalin Abbasi, the Chairman and Managing Director

Decided
Disposal
DISMISSED

Holding

No contempt lies against the opposite parties; the contempt petition is dismissed.

Summary

The heirs of the deceased employee filed a contempt petition against the Food Corporation of India (FCI) for allegedly failing to comply with a June 29, 2018 order that directed payment of gratuity, earned leave and other terminal benefits within three months. The deceased had been subject to three separate departmental proceedings, resulting in dismissal and forfeiture of benefits, some of which were affirmed by final orders that were never challenged. The petitioners argued that the 2014 writ order quashing the earlier departmental orders restored their entitlement to the benefits, while the respondents contended that the final penalty orders barred any further liability. The court examined the nature of the penalty orders and held that once a punishment order exists, whether correct or not, contempt jurisdiction cannot be invoked for non‑payment of the benefits. Consequently, the court dismissed the contempt petition, finding no contempt against the respondents.

Issues considered

  • Whether the failure to pay gratuity and terminal benefits as ordered by the writ court amounts to contempt of court.
  • Whether the existence of final departmental penalty orders, even if allegedly wrongful, precludes the exercise of contempt jurisdiction.
  • Whether the petitioners are entitled to the benefits under the 2014 writ order despite the forfeiture orders passed in the departmental proceedings.

Subjects

  • contempt
  • gratuity
  • terminal benefits
  • dismissal
  • departmental proceedings
  • service law
  • quashing of order
  • interest

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.323 of 2019
                                                       In
                                 Civil Writ Jurisdiction Case No.8223 of 2014
                 ======================================================
            1.1. Deepak Kumar Singh Son of Late Devendra Prasad Singh, At present
                  resident of Vill. - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar,
                  P.S.- Bahadurpur, District - Patna.
            1.2. Renu Singh, daughter of Late Devendra Prasad Singh, At present resident of
                 Vill. - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar, P.S.-
                 Bahadurpur, District - Patna.
            1.3. Ruby Singh, daughter of Late Devendra Prasad Singh, At present resident of
                 Vill. - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar, P.S.-
                 Bahadurpur, District - Patna.
            1.4. Reena Singh, daughter of Late Devendra Prasad Singh, At present resident
                 of Vill. - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar, P.S.-
                 Bahadurpur, District - Patna.
            1.5. Dheeraj Singh, son of Late Devendra Prasad Singh, At present resident of
                 Vill. - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar, P.S.-
                 Bahadurpur, District - Patna.
            1.6. Kevla Devi, Wife of Late Devendra Prasad Singh, At present resident of Vill.
                 - Old Bahadurpur, Near Bajar Samiti, P.O.- Rajendra Nagar, P.S.-
                 Bahadurpur, District - Patna.
                                                                          ... ... Petitioner/s
                                                  Versus

            1.    Syalin Abbasi, the Chairman and Managing Director Food Corporation of
                  India Headquarters,16-20,Barakhamba Lane,New delhi-110001
            2.    B.Subha Laxmy ,The Executive Director(East zone) Food Corporation of
                  India,10A,Middlelon Row,Kolkata-700071
            3.     Avinash Kumar The General manager(Law) Food Corporation of
                   India,Arunachal Building,exhibition Road,Patna-800001
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Rajeev Shekhar, Advocate
                                                Mr.Abhay Kumar Thakur, Advocate
                                                Mr.Arunendra Kumar Thakur, Advocate
                                                Mrs.Sukriti Kumari, Advocate
                  For the Opposite Party/s :    Mr.Prabhakar Tekriwal
                  For the FC -9            :    Mr.P.K.Verma, Sr. Advocate
                                                Mr.Dr.Mankeshwar Tiwari, Advocate
                                                Mr.Sanjay Kumar Ghosarveri, Advocate
                                                Mr.Saurav Kumar Verma, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                        ORAL ORDER

13   08-05-2026                   Heard the learned counsel for the parties.
Patna High Court MJC No.323 of 2019(13) dt.08-05-2026
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                       2. The present contempt petition has been filed for

          non-compliance of order dated 29.06.2018 passed in C.W.J.C.

          No. 8223 of 2014, whereby the order passed by the

          Departmental authorities contained in Annexures-5, 7 and 10 to

          the writ petition were found to be not sustainable and were

          quashed. The respondent no. 3/O.P. No.-3 herein was directed to

          pay gratuity and earned leave amount and other terminal

          benefits of the petitioner within three months from the date of

          receipt/production of copy of the order. No interest was awarded

          on the amount of gratuity, earned leave and terminal benefits, if

          the same will be paid within three months and it was further

          directed that if same was not paid within three months then the

          amount will carry simple interest @ 8% per annum.

                       3. It appears that when the order was not being

          complied with, the deceased petitioner filed the present

          contempt petition. During pendency of the contempt petition, he

          died leaving behind his legal heirs, who were substituted vide

          order dated 05.10.2023.             A show-cause and supplementary

          show-cause have been brought on record by the O.P. No. 3.

                       4. From perusal of the supplementary show-cause

          filed on behalf of O.P. No. 3, it would appear that three separate

          departmental proceedings were initiated against the deceased
Patna High Court MJC No.323 of 2019(13) dt.08-05-2026
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          petitioner.

                        5. In the first departmental proceeding, he was held

          guilty and vide Memo No. 4149 dated 24.07.2012, the order of

          dismissal from service and forfeiture of terminal benefits,

          including gratuity was passed. In another departmental

          proceeding which is related to the gross delay of more than two

          months in submitting factual report of paddy procurement at the

          Dumrao P.P.C., the penalty order was passed and same was

          challenged by filing C.W.J.C. No. 8223 of 2014. The writ

          petition was allowed and the L.P.A. and S.L.P. filed by the Food

          Corporation of India was also dismissed. For compliance of the

          said order, the present contempt petition has been filed.

                        6. In the second departmental proceeding, the

          deceased was chargesheeted and held guilty for the charges. He

          was awarded penalty of dismissal from service and forfeiture of

          terminal benefits, including gratuity vide Memo No. 4157-60

          dated 24.07.2012. The deceased employee filed appeal before

          the Managing Director of the Food Corporation of India which

          was disposed of by order dated 16.05.2013, whereby the order

          passed by the disciplinary authority was modified and the

          penalty of removal from service and forfeiture of terminal

          benefits, including gratuity was passed. It has specifically been
Patna High Court MJC No.323 of 2019(13) dt.08-05-2026
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          pointed out that the petitioner did not challenge the order passed

          by the appellate authority on 16.05.2013, thereby the same

          attained finality.

                       7. It has further been stated that in the third

          departmental proceeding, which was initiated on 02.06.2011, the

          delinquent deceased petitioner was found guilty of the charges

          and was awarded penalty of reduction in rank at the initial post

          of AG-I (depot). Further, the period under suspension from

          17.03.2011 to 02.06.2011 was directed to be treated as not spent

          on duty. A departmental appeal was filed and vide order dated

          02.08.2017, the appeal was kept in abeyance. The petitioner

          never questioned the penalty orders before any Court and

          therefore, the order of penalty attained finality.

                       8. The learned Senior counsel for the O.P. No. 3

          submits that the supplementary affidavit filed by the legal heirs

          of the deceased petitioner on 12.02.2026, in the present case,

          with regard to unpaid dues of the deceased petitioner was

          examined. It was found that the entire pay and salary for the

          period, during which he remained in service has been paid to

          him. Further the amount relating to terminal benefits including

          gratuity was forfeited, in view of the penalty, which was

          imposed in the second departmental proceeding, which
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          according to him was never questioned by the employee and has

          attained finality. Thus, the terminal benefits including gratuity

          has been forfeited by the Opposite Parties herein. He further

          submits that so far the contributory provident fund amount of

          the deceased petitioner is concerned, the same has been paid to

          the deceased petitioner in the year 2012 and the details have

          been mentioned in para no. 7(i) to (iv) of the affidavit filed on

          08.04.2026. He further submits that in view of the second

          penalty order, now nothing remains to be paid to the deceased

          petitioner.

                        9. Per contra, the learned counsel appearing on behalf

          of the petitioners submits that once a dismissal order was passed

          against the deceased petitioner, there was no question of passing

          any further punishment order and once the order of dismissal

          was interfered with and quashed by the Hon’ble Single Judge of

          this Court, there is no question of challenging another order,

          which is said to have been pending against the deceased

          petitioner. He submits that the deceased petitioner is entitled for

          all the terminal benefits and gratuity in terms of the order passed

          by the writ Court in CWJC No. 8223 of 2014.

                        10. Having heard the learned counsel for the parties

          and on perusal of materials available on record, this Court is of
           Patna High Court MJC No.323 of 2019(13) dt.08-05-2026
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                     the opinion that once the order of punishment is there, whether

                     it is a right order or wrong order, it cannot be seen contempt

                     jurisdiction. In view of the of penalty existing in favour of the

                     deceased petitioner and the same has never been challenged,

                     which has not been disputed by the petitioners herein, this Court

                     is of the opinion that no contempt will lie against the Opposite

                     Parties herein. Accordingly, the present contempt petition is

                     dismissed.



                                                 (Ritesh Kumar, J)


vinita/-

U


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