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Patna High Court

S.M. Rizwan AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the respondents had complied with the earlier order, and therefore no contempt of court had occurred.

Summary

The petitioner, S.M. Rizwan Alam, a teacher, filed a writ petition seeking contempt proceedings against several officials of the Bihar State Education Department for allegedly violating a court order dated 26 September 2018. The petitioner claimed that despite the order, the respondents had not effected his appointment and related benefits. The court examined a show‑cause notice served on one of the respondents and noted that the appointment had been approved by a letter dated 6 March 2024, with directions to pay consequential benefits, thereby complying with the earlier order. Finding that the order of 26 September 2018 had been duly complied with, the court concluded that there was no ground for contempt. Consequently, the petition was dismissed and the matter disposed of.

Issues considered

  • Whether the respondents willfully violated the order dated 26‑09‑2018, warranting contempt proceedings
  • Whether the appointment and benefits of the petitioner have been effected in compliance with the court’s earlier order

Subjects

  • contempt of court
  • civil writ jurisdiction
  • appointment of teachers
  • compliance with court order
  • education department
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3522 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.16308 of 2014
                 ======================================================
                 S.M. Rizwan Alam S/o S.M. Israil @ Israrul Hasan Resident of Kaghzi
                 Mohalla, P.S. Bihar Sharif, Town, District - Bihar Sharif (Nalanda).

                                                                            ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Sri Rajneesh Kumar Mahajan, the Principal
                 Secretary, Human Resource Development Departemnt, New Secretariat,
                 Bailey Road, Patna.
           2.    Sri Ram Bujhawan Choudhary Director, Secondary Education, Human
                 Resource Development Department New Secretariat, Bailey Road, Patna.
           3.    Sri Janakdev Prasad, Regional Deputy Director, Patna Zone, Patna, District -
                 Patna
           4.    Ziyul Hoda Khan Son of not Known District Education Officer, Nalanda at
                 Bihar Sharif District Nalanda at Bihar Sharif, District - Nalanda.
           5.    Md. Aftab Alam Son of not Known Secretary, Soghra High School Inter
                 College Bihar Sharif, Nalanda, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohammad Abu Shajar, Advocate
                                          :       Mr. Mohammad Abu Haidar, Advocate
                 For the State            :       Mr. Government Advocate 2
                                          :       Mr. Akhileshwar Singh, AC to GA-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for initiating of contempt proceeding

                                        against the opposite parties for deliberately and

                                        willfully violating the order dated 26.09.2018

                                        passed by the Hon’ble Court in CWJC No.

                                        16308 of 2014.”
            Patna High Court MJC No.3522 of 2023(3) dt.12-03-2026
                                                        2/2




                                   3. A show cause on opposite party no.2 has been filed

                      and paragraph no.10 shows that in compliance of of the order

                      passed by the Writ Court, the appointment petitioner namely

                      S.M. Rizwan Alam, Assistant Teacher (Secondary), Hindi

                      Subject, Sogra High School, Biharsharif, Nalanda has been

                      approved from the date of his joining i.e. 08.08.2009 vide letter

                      no. 419 dated 06.03.2024 with further direction to pay the

                      consequential benefits.

                                   4. Having convinced that the order stands complied,

                      the MJC No. 3522 of 2023 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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