Patna High Court
Md. Razi AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the direction dated 21‑03‑2025 had been complied with, therefore no contempt of court occurred.
Summary
The petitioners, three individuals, filed a writ petition seeking contempt proceedings against officials of the Bihar Water Resources Department for allegedly refusing to comply with a direction dated 21‑03‑2025 in C.W.J.C. No. 9259/2018, which required the department to consider their case, calculate and pay dues within eight weeks. The show‑cause notice revealed that the Executive Engineer had prepared a proposal for granting revised ACP and MACP benefits after a screening committee meeting, and the Chief Engineer subsequently approved the monetary benefits. The High Court examined whether the department had willfully disobeyed the earlier order. Finding that the benefits had been granted and the monetary relief would flow immediately, the Court concluded that the direction had been complied with. Consequently, the Court held that no contempt had occurred and disposed of the petition, directing any further grievance to be raised before an appropriate court.
Issues considered
- Did the opposite parties willfully disobey the direction dated 21‑03‑2025 in C.W.J.C. No. 9259/2018?
- Should contempt proceedings be initiated against the State of Bihar officials?
Subjects
- contempt of court
- civil writ jurisdiction
- water resources department
- payment of dues
- ACP
- MACP
- compliance
- show cause notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3528 of 2025
In
Civil Writ Jurisdiction Case No.9259 of 2018
======================================================
1. Md. Razi Ahmad son of Late Md. Safi, resident of Quarter no. F/148, Kosi
Colony, Post office Birpur, Police Station Birpur, District Supaul.
2. Satyanarayan Paswan, son of Late Biran Paswan, resident of Quarter no.
F/30, Kosi Colony, Post office Saharsa, Police Station Saharsa, District
Saharsa.
3. Ajay Kumar Pandey, son of Late Surendra Narain Pandey, resident of village
Gandol, Post office Panchgachhiya, District Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Santosh Kumar Mall, Principal Secretary.
Water Resources Department, Bihar, Patna.
2. Mr. Santosh Kumar Mall, Principal Secretary, Water Resource Department,
Govt. of Bihar, Patna.
3. Mr. Sanjeev Shailesh, Chief Engineer, Water Flood Control and Water
Drainage, Water Resource Department, Birpur, Supaul.
4. Mr. Vikas Kumar, Superintending Engineer, Eastern Kosi Embankment
Circle, Water Resource Department, Saharsa.
5. Mr. Alok Kumar, Executive Engineer, Eastern Kosi Embankment Division,
Water Resource Department, Chandrayan, Saharsa.
6. Mr. Arvind Kumar, Executive Engineer, Eastern Embankment Division,
Water Resource Department, Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Government Pleader 7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiation of appropriate contempt
proceedings against the opposite parties for willful
Patna High Court MJC No.3528 of 2025(3) dt.10-03-2026
2/3
and deliberate disobedience of the direction and
order dated 21.03.2025 passed in C.W.J.C. no.
9259/2018 by Hon'ble Mr. Justice Dr. Anshuman,
whereby the Hon'ble court has set aside letter
contained in memo no. 2351 dated 24.08.2017 and
has directed opposite party no.3 to consider the
case of the petitioners in the light of Bihar State
Litigation Policy and to make payment of dues and
admissible benefits along with a calculation chart
within a period of eight weeks from the date of
filing of representation along with a copy of the
order.”
3. A show cause of the opposite party nos. 1 to 5 is on
record, according to which, the Executive Engineer, Eastern
Koshi Embankment Division, Chandrayan made available the
proposal relating to grant of ACP and MACP to the petitioners
which followed the meeting of the Screening Committee on
13.11.2025 and recommendation was made for grant of revised
1st and 2nd ACP and 3rd MACP to the petitioner no. 1 and 2 with
effect from 09.08.1999, 01.01.2009 & 01.10.2016 and
27.01.2002, 27.11.2010 & 27.11.2020 respectively in the pay
scale of Rs. 5000-8000, Grade Pay 4600 and Grade Pay 4800
Patna High Court MJC No.3528 of 2025(3) dt.10-03-2026
3/3
respectively. The Screening committee also recommended the
grant of benefit of 1st and 2nd ACP to the petitioner no. 3 w.e.f.
28.02.2006 and 28.02.2014 respectively in the pay scale of Rs.
5000-8000 & Grade Pay 4600 respectively.
4. This followed the Chief Engineer, Flood Control
and Drainage Water Resources Department, Birpur granting the
benefits and the show cause further says that the monetary
benefit will immediately flow.
5. This Court is convinced that the order has been
complied and if the petitioners still have any grievance, can
agitate the same before an appropriate Court.
6. The MJC No. 3528 of 2025 stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…