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Patna High Court

Brahmdeo RajakversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Brahmdeo Rajak, filed a contempt petition against the State of Bihar and several officials, alleging that they willfully violated a prior judgment dated 16‑12‑2013 in C.W.J.C. No.20891/2011 which directed the respondents to examine his case for benefits under the 1st ACP, 2nd ACP and MACP schemes. The respondents filed a show‑cause response and the State counsel produced Annexure‑E, a memo dated 11‑10‑2018, indicating that the earlier order had been complied with. The Court examined whether the alleged non‑compliance amounted to contempt of its earlier judgment. Finding that the respondents had shown compliance, the Court held that there was no ground for contempt proceedings. Consequently, the contempt petition was disposed of, with the Court indicating that the petitioner could raise any further grievance through appropriate agitations.

Issues considered

  • Did the respondents willfully violate the judgment and order dated 16‑12‑2013 in C.W.J.C. No.20891/2011?
  • Is the petitioner entitled to initiate contempt proceedings on the basis of alleged non‑compliance?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • scheme benefits
  • compliance
  • petition disposal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.3739 of 2018
                                            In
                    Civil Writ Jurisdiction Case No.20891 of 2011
     ======================================================
     Brahmdeo Rajak S/o Late Hazari Rajak, R/o Vill- Bodhi Tola, P.O.- Barahiya,
     Distt- Lakhisarai, at present residing at Road No.1, Sarvoday Nagar Danapur,
     P.S.- Danapur, District- Patna.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State Of Bihar
2.   Dr. S. Siddharth, the Principal Secretary, Department of Industries,
     Government of Bihar, Patna.
3.   Sri Narendra Kumar Sinha, The Director Handloom and Sericulture,
     Government of Bihar, Patna.
4.   Mrs. Sujata Chaturvedi, The Principal Secretary, Finance Department, Govt.
     of Bihar, Patna.
5.   Mr. Amir Subhani, The Principal Secretary, General Administration
     Department, Government of Bihar,
6.   The Screening Committee Assure Career Progression, through its Chairman
     Sri Narendra Kumar Sinha, D
7.   Smt. Anjali Mehta, Assistant Registrar, Cooperative Societies Handloom,
     Rajendra Nagar, Patna.
8.   Mr. Manish Kumar, Assistant Registrar, Weavers Cooperative Societies,
     Gulzarbagh, Patna.
9.   Mr. Alok Kumar, Assistant Director, Sericulture, Patna Division, Patna.
10. Mr. Raghunath Prasad Yadav, Assistant Director, Sericulture, Purnia
    Division, Purnia.
11. Mr. Upendra Kumar, Assistant Director, Sericulture, Purnia Division, Purnia.
12. Mr. A.K. Bhattacharya, The Principal, Bihar Institute of Silk and Textile,
    Nath Nagar, Bhagalpur.
13. Mr. Ramesh Prasad Sah, Project Officer, Malwari Extension- cum- Training
    Centre Prasar Sah Prasiksh

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr.Sushil Kumar Jha, Advocate
     For the Opposite Party/s :    Mr.Yogendra Prasad Sinha, AAG- 7
         Patna High Court MJC No.3739 of 2018(2) dt.12-03-2026
                                                     2/3




                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                           (i) for initiation of contempt proceeding

                                           against the Opposite Parties for their

                                           willful and deliberate violation of

                                           Judgment and order dt.16.12.13 passed

                                           in C.W.J.C.No.20891/2011 whereby and

                                           where under the opposite parties were

                                           directed to examine the case of the writ

                                           petitioner including the petitioner for

                                           grant of the benefits of 1" ACP and 2nd

                                           ACP Scheme as well as MACP Scheme,

                                           especially when the same has been

                                           allowed to the persons who entered into

                                           the service later to the petitioner.

                                3. The show cause filed on behalf of the opposite

                   party is on record and the learned State counsel has taken

                   this Court to Annexure-E to show that the order stands

                   complied vide memo no. 1726 dated 11.10.2018.

                                4. In that background, allowing the petitioner to
         Patna High Court MJC No.3739 of 2018(2) dt.12-03-2026
                                                     3/3




                   agitate the matter, if he has still any grievance, the contempt

                   petition is disposed of.



                                               (Rajiv Roy, J)
Ravi/-

U


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