Patna High Court
Sunil KumarversusThe State Of Bihar Through The Principal Secretary, Human Resources Development Department, Governm
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt was dismissed as the representation had been disposed of, negating any contempt of court.
Summary
Sunil Kumar, a government school headmaster, filed a petition seeking contempt proceedings against several Bihar education officials for allegedly ignoring a High Court order dated 16 March 2018 that permitted him to submit an exhaustive representation before the Special Secretary. The order required the officials to examine his claim and dispose of it expeditiously. The District Education Officer filed a show‑cause notice, and an annexure indicated that the Special Secretary had disposed of the representation by a memo dated 31 December 2018. The court examined whether the officials’ actions amounted to contempt. Finding that the representation had indeed been disposed of, the court concluded that there was no basis for contempt proceedings. Consequently, the petition was dismissed and the matter was declared disposed.
Issues considered
- Whether the respondents’ disposal of the petitioner’s representation constitutes willful disobedience of the High Court’s order of 16‑03‑2018.
- Whether a contempt petition is maintainable in the circumstances.
Subjects
- contempt of court
- writ jurisdiction
- representation disposal
- education department
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3473 of 2018
In
Civil Writ Jurisdiction Case No.4763 of 2018
======================================================
Sunil Kumar Son of Sri Ram Swarup Sharma, Resident of Village-Amar----
Bigha, P.S.Main Belagan District-Gaya Presently Posted as Headmaster of
Government Middle School Main, Belaganj, Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Human Resources
Development Department, Governm
2. Md. Khursid Alam, the Special Director, Secondary Education Bihar, Patna.
3. Sri Vinod Kumar Sinha, the Special Secretary, Secondary Education, Bihar,
Patna.
4. Rajeev Ranjan Prasad, the Director, Secondary Education Bihar, Patna.
5. Sri Abhishek KUmar Singh, the District Magistrate, Gaya.
6. Md. Mustafa Hussain Mansoori, the District Education Officer, Gaya.
7. Sri Rajdev Ram, the District Programme Officer Esrablishment, Gaya.
8. Sri Madan Mohan Prasad , the Block Education Officer, Belaganj, Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
For the Opposite Party/s : Mr. Ashutosh Ranjan Pandey, AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiating contempt proceeding
against the contemnor opposite parties for their
willful disobedience and con-compliance of the
Hon'ble Court's order dated 16.03.2018 passed in
CWJC No 4763/2018 by Hon'ble Mr. Justice Anil
Patna High Court MJC No.3473 of 2018(4) dt.23-04-2026
2/2
Kumar Upadhyay by which the writ application
was disposed of with a permission to the petitioner
to file exhaustive representation before the Special
Secretary who shall examine the claim of the
petitioner and disposed of the representation in
accordance with law expeditiously.”
3. A show cause has come on behalf of the opposite
party no. 6, the District Education Officer, Gaya and Annexure-
A shows that the Special Secretary, Education Department vide
memo no. 1946 dated 31.12.2018 has disposed of the
representation of the petitioner.
4. In that background, MJC No. 3473 of 2018 stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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