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Patna High Court

Virendra KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition without ordering contempt proceedings, granting the parties liberty to agitate the matter further.

Summary

The petitioner, Virendra Kumar, filed a writ petition seeking initiation of contempt proceedings against several officials of the Bihar Education Department, alleging that they wilfully violated a prior order of this Court dated 13 April 2018 in C.W.J.C. No. 942 of 2018. The petition relied on a memo dated 27 November 2018 showing that the District Education Officer, Saran, had rejected the petitioner's claim. The Court examined whether the respondents had indeed contravened the earlier judgment and whether contempt proceedings were warranted. After hearing the parties, the Court granted the petitioner liberty to agitate the matter further if desired, but chose not to order contempt proceedings at this stage. Consequently, the petition (MJC No. 3851 of 2018) was disposed of.

Issues considered

  • Did the respondents wilfully violate the order dated 13 April 2018 in C.W.J.C. No. 942 of 2018?
  • Should contempt proceedings be initiated against the respondents?

Subjects

  • contempt
  • civil writ jurisdiction
  • order violation
  • high court
  • education department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3851 of 2018
                                                   In
                              Civil Writ Jurisdiction Case No.942 of 2018
                 ======================================================
                 Virendra Kumar Son of Late Nag Narain Maharaj, Resident of Village-
                 Rampur Khorram, P.S.- Marahaura, District- Saran.

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    Sri R.K. Mahajan, Principal Secretary, Education Department, Govt. of
                 Bihar, Patna.
           3.    Sri Rajeev Pd Singh Ranjan, Director, Secondary Education, Govt. of Bihar,
                 Patna.
           4.    Jai Chand Prasad Srivastava, District Education Officer, Saran, District
                 Chapra.
           5.    Dilip Kumar, District Programme Officer, Establishment Saran at Chapra
           6.    Subrat Kumar Sen, District Magistrate, Saran at Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ram Vinay Pd. Singh, AC to GA-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   02-04-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation a contempt proceeding

                                              against the opposite party who have wilfully

                                              violated the order of this Hon'ble Court

                                              passed in C.W.J.C.No. 942 of 2018 passed

                                              by   Hon'ble      Mr.   Justice   Anil     Kumar

                                              Upadhaya (as His Lordship then was) on
         Patna High Court MJC No.3851 of 2018(5) dt.02-04-2026
                                                     2/2




                                           13.4.18.

                                3. The show cause of the opposite party shows the

                   memo no. 3319 dated 27.11.2018 to show that the District

                   Education Officer, Saran has rejected the claim of the petitioner.

                                4. Granting liberty to agitate the matter, if any, the

                   MJC No. 3851 of 2018 is disposed of.




                                                  (Rajiv Roy, J)
Ravi/-

U


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