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Patna High Court

Brija SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the respondents did not willfully defy the High Court order and therefore the contempt application lacks merit.

Summary

The petitioner, Brija Singh, a former Assistant Engineer, was dismissed in 2019 and the Patna High Court set aside that dismissal, ordering his reinstatement with all consequential benefits and permitting a fresh departmental enquiry. The respondents, officials of the Bihar Government, allegedly failed to pay the ordered benefits and again suspended and dismissed the petitioner after a criminal conviction, invoking Rule 9(5) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. The petitioner filed a contempt application claiming willful defiance of the High Court’s order. The respondents contended that they had complied by paying subsistence and suspension allowances and that the fresh enquiry was authorized by the CCA Rules. The Court examined the scope of the High Court’s order, the applicable CCA Rules, and the payments made, concluding that there was no deliberate or willful breach of the order. Consequently, the contempt application was dismissed for lack of merit.

Issues considered

  • Whether the respondents’ actions amount to willful defiance of the High Court order, constituting contempt.
  • Interpretation and applicability of Rule 9(5) and Rule 13(2) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 in the context of reinstatement and suspension.
  • Whether payment of subsistence and suspension allowances satisfies the order for consequential benefits.

Legislation cited

Subjects

  • contempt
  • reinstatement
  • departmental enquiry
  • government servant
  • CCA Rules
  • Prevention of Corruption Act
  • consequential benefits
  • suspension
  • willful defiance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.335 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.25057 of 2019
                  ======================================================
                  Brija Singh Son of Late Dudheshwar Singh, Resident of - Kusumpuram Road,
                  P.S.- Rupaspur, District- Patna.

                                                                              ... ... Petitioner/s
                                                   Versus
            1.    The State of Bihar through Sri Kumar Ravi, Chief Secretary, Government of
                  Bihar, Main Secretariat Patna.
            2.    Smt. Varsha Singh, The Joint Secretary, Building Construction Department,
                  Government of Bihar, Patna.
            3.    Sri Rakesh Kumar, the Additional Secretary, Building Construction
                  Department, Government of Bihar, Patna.
            4.    Sri Rakesh Kumar, the Chief Engineer (South), Building Construction,
                  Department, Government of Bihar, Patna.
            5.    Sri Sunil Chaudhary, The Planning Engineer, In the office of Chief Engineer
                  (North) Wing, Building Construction Department, Government of Bihar,
                  Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Dr. Ranjeet Kumar, Advocate
                                                  Mr. Kanishk Kaustubh, Advocate
                                                  Mr. Rajnish Prakash, Advocate
                                                  Ms. Lakshmi Kumari, Advocate
                                                  Ms. Prerna, Advocate
                  For the Opposite Party/state:   Mr. Manoj Kumar Ambastha, Standing Counsel 26
                                                  Mr. Santosh Kumar Mishra, AC to SC 26
                                                  Mr. Divit Vinod, AC to SC 26
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

13   18-03-2026          1. Heard the parties.

                         2. The present contempt application has been filed against

                    the contemnor - opposite parties for their willful defiance of the

                    judgment of this Court dated 28.09.2021 passed in C.W.J.C. No.

                    25057 of 2019.

                         3. Mr. Ranjeet Kumar, learned counsel appearing for the
Patna High Court MJC No.335 of 2024(13) dt.18-03-2026
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          petitioner submits that the opposite parties in blatant violation of

          the order of the High Court has refused to pay consequential

          benefits.

               4. This Court while setting aside the impugned order of

          dismissal directed the opposite parties-respondents to reinstate

          the petitioner with all consequential benefits. The Court at the

          same time also observed that the order setting aside the

          dismissal of the petitioner will not preclude the respondents/

          opposite parties to proceed afresh in the matter from the stage of

          enquiry.

               5. Accordingly, submission is that the impugned order of

          dismissal was not quashed on technical ground but on

          substantive ground that the respondents failed to bring home the

          charges against the petitioner and did not produce cogent

          evidence, as such, the order granting liberty to the respondents

          to start fresh proceeding against the petitioner will not entitle the

          respondents / opposite parties to suspend the petitioner after

          reinstatement and to start a fresh proceeding considering setting

          aside of dismissal order on technical ground in terms of Rule

          9(5) of the Bihar Government Servants (Classification, Control

          & Appeal) Rules, 2005 (for short “CCA Rules, 2005”). His

          contention is that on the contrary Rule 13(2) of the CCA Rules,
Patna High Court MJC No.335 of 2024(13) dt.18-03-2026
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          2005 shall apply in the case of the petitioner and the petitioner is

          entitled for full salary from the period of dismissal i.e. from

          2019 till second dismissal on 06.12.2023 on the ground of

          conviction in the criminal case

               6. On the other hand, Mr. Manoj Kumar Ambastha, learned

          Standing Counsel-26 argued that order of this Court has been

          complied in terms of provision of law and there is no willful and

          deliberate defiance of the order passed by this Court. The

          petitioner was posted as Assistant Engineer in the Building

          Construction Department, Rajendra Nagar Sub Division Office,

          Patna and was arrested red handed while accepting Rs. 25,000/-

          as bribe from the complainant for which F.I.R. having Vigilance

          P.S. Case No. 18 of 2017 was also lodged against the petitioner

          for the offence under Section 7 / 13(2) read with Section 13(1)

          (D) of the Prevention of Corruption Act, 1988.

               7. Both criminal proceeding as well as departmental

          proceeding       were     going      against   the   petitioner.   In   the

          departmental proceeding the respondents failed to produce

          adequate evidence against the petitioner and only a letter of

          Superintendent of Police, Vigilance Investigation Bureau, Patna

          and the F.I.R. were produced during the course of enquiry which

          were treated as evidence. This Hon’ble Court came to the
Patna High Court MJC No.335 of 2024(13) dt.18-03-2026
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          conclusion in the final order passed in the writ petition dated

          28.09.2021 that reliance by the Enquiry Officer on the letter of

          Superintendent of Police, Vigilance Investigation Bureau, Patna

          and the F.I.R. and accepting the same as a piece of evidence is

          not correct and the aforesaid two documents could not have

          been treated as evidence. In that background while setting aside

          the impugned order of dismissal this Court observed that this

          order will not preclude the respondents to proceed afresh in the

          matter from the stage of enquiry. Granting liberty to the

          respondents to start fresh enquiry proceedings against the

          petitioner includes that fresh proceeding shall start in

          accordance with the provisions of law.

               8. He relied upon Rule 9(5) of the CCA Rules, 2005 and

          submits that in terms of Rule 9(5) the authority after reinstating

          the petitioner in terms of the order passed by this Court

          suspended him with effect from the date of his dismissal on

          26.08.2019 and started a fresh departmental proceeding against

          the petitioner.

               9. The order passed by this Court gives liberty to the

          respondents to start a fresh departmental proceeding against the

          petitioner as well as Rule 9(5) of the CCA Rules, 2005 gives

          permission to the respondents that if the respondents decide to
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          hold further inquiry against a Government servant on the

          allegations on which penalty of dismissal / removal /

          compulsory retirement was originally imposed, the Government

          servant shall be deemed to have been placed under suspension

          by the appointing authority from the date of the original order of

          dismissal / removal / or compulsory retirement and shall

          continue to remain under suspension until further orders. Fresh

          departmental proceeding was initiated against the petitioner on

          23.06.2022, however, in the criminal proceeding learned

          Vigilance Court has convicted the petitioner on 16.11.2022. On

          the ground on conviction in criminal case the petitioner has

          again been dismissed from service by the respondents on

          06.12.2023. The respondents / opposite parties in terms of legal

          provision and in terms of order passed by this Court has already

          paid subsistence allowance to the petitioner with effect from the

          date of his dismissal in 2019 till his second dismissal on

          06.12.2023. Apart from the above the respondents / opposite

          parties have also paid the suspension allowance to the petitioner

          from the his first suspension order dated 02.03.2017 till the date

          of second dismissal. Accordingly, submission is that there is no

          willful and deliberate defiance of the order passed by this Court.

               10. Having heard the rival submission of the parties, taking
           Patna High Court MJC No.335 of 2024(13) dt.18-03-2026
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                     into consideration the nature of order passed by this Court and

                     the provisions of CCA Rules, 2005, this Court comes to the

                     conclusion that the order passed by this Court has not been

                     violated by the respondents / opposite parties deliberately and

                     willfully. Accordingly, I do not find any merit in this contempt

                     application. The same is dismissed.



                                              (Anil Kumar Sinha, J)
praful/-

U


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