Patna High Court
S.M. Rizwan AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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