Patna High Court
Devendra PrasadversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The contempt application is withdrawn with liberty to the petitioner to challenge the resolution dated 08‑07‑2024.
Summary
The petitioner, Devendra Prasad, obtained relief in Letters Patent Appeal No.1302/2017, which restored him to his position, awarded back wages, and secured pension benefits. The State of Bihar officials were subsequently alleged to have willfully disobeyed the order, prompting the petitioner to file a contempt application (C.W.J.C. No.934/2016). During the hearing, counsel for the petitioner sought to withdraw the contempt application, seeking liberty to challenge a later resolution dated 08‑07‑2024 issued by the Additional Secretary‑cum‑Director. The Court considered the request and allowed the withdrawal, granting the petitioner liberty to contest the said resolution in a separate proceeding. Consequently, the contempt application was disposed of as withdrawn.
Issues considered
- What is the appropriate course of action when a contempt application is filed alleging willful disobedience of a court order?
- Can the petitioner withdraw the contempt application while retaining the right to challenge a subsequent administrative resolution?
Subjects
- contempt of court
- letters patent appeal
- restoration of service
- back wages
- withdrawal of application
- administrative resolution
- judicial discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.36 of 2024
In
Letters Patent Appeal No.1302 of 2017
======================================================
Devendra Prasad S/o Late Krishna Prasad, R/o 102 B, Shyam Sunder
Complex, Jagdeo Path More, Bailey Road, P.S.- Shastri Nagar, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri K. Senthil Kumar, Principal Secretary, Home
Department, Government of Bihar, Patna.
2. Sri K. Senthil, The Principal Secretary, Home Department, Government of
Bihar, Patna.
3. Sri Sudhanshu Kumar Choubey, The Joint Secretary, Department of Home,
Government of Bihar, Patna.
4. Shri Rajnish Kumar Singh, The Additional Secretary-cum-Director,
Administration, Home Department, Bihar, Patna.
5. Shri Shirsat Kapil Ashok, The Inspector General, Prison and Reforms
Services, Inspectorate, Bihar, Patna.
6. Shri Sunil Kumar, The Joint Commissioner, Departmental Enquiry-cum-
Conducting Officer, Koshi Division, Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagnnath Singh, Adv.
Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr. Mankeshwar Tiwari, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
4 18-03-2026 Heard Mr. Jagnnath Singh, learned counsel for the
petitioner and the State.
2. The present application has been preferred for
initiation of a proceeding of contempt against the opposite parties
for their willful disobedience and violation of order dated
Patna High Court MJC No.36 of 2024(4) dt.18-03-2026
2/2
19.10.2023 passed in Letters Patent Appeal No. 1302/2017 in
C.W.J.C. No. 934/2016 passed by Division Bench of this Hon'ble
Court allowing the Letters Patent Appeal by setting aside the
enquiry and the punishment imposed and the appellant was
entitled to be restored to his position as on the date of his
suspension and also entitled to full back wages during his
suspension till retirement and pension thereafter.
3. After advancing some argument, learned counsel
for the petitioner desires to withdraw the present application
with liberty to challenge the order contained in resolution dated
08.07.2024 passed by the Additional Secretary-cum-Director
which has been brought on record by way of Annexure-P-3.
4. As prayed for, this case is disposed of as withdrawn
with liberty as aforesaid.
(Rajiv Roy, J)
( Alok Kumar Sinha, J)
Vijay Singh/-
U
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