Patna High Court
Asha Kumari @ Asha DeviversusThe State Of Bihar Through R. K. Mahajan The Principal Secretary Primary Education, New Secretariat
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn.
Summary
Asha Kumari, a primary school teacher, filed a contempt petition against three education officials alleging they willfully ignored a Commissioner’s orders dated July‑August 2018 that directed payment of her salary within 15 days and required submission of a compliance report. The petition sought a contempt proceeding and conviction of the respondents for violating the Commissioner’s orders. During the hearing, counsel for the petitioner prayed for withdrawal of the petition. The Court considered the withdrawal request and, without examining the merits of the contempt allegation, dismissed the petition as withdrawn and ordered costs. No further orders were made regarding the salary payment or contempt liability.
Issues considered
- Whether the contempt petition should be entertained despite the petitioner’s request for withdrawal
- Procedural propriety of proceeding with a contempt action when the underlying administrative order has not been complied with
Subjects
- contempt of court
- withdrawal of petition
- salary payment
- education department
- administrative order
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3951 of 2018
======================================================
Asha Kumari @ Asha Devi Daughter of Udit Narayan Rai, at present Pradhan
Teacher, Primary School Murbaria, P.S.- Piparia, D At present residing at
Village- Murbaria, P.S.- Piparia, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State Of Bihar Through R. K. Mahajan The Principal Secretary Primary
Education, New Secretariat
2. Sunaina Kumari, The District Education Officer, Lakhisarai.
3. Sunaina Kumari, The District Programme Officer Establishment, Lakhisarai,
District- Lakhisarai.
4. Ramchandra Prasad Vimal, The Block Education Officer, Piparia Prakhand-
Piparia, District- Lakhisar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Mishra, Advocate
For the Opposite Party/s : Mr.Priyadarshi Matri Sharan, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 02-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of contempt of court against
respondents Nos. 2to 4 to show cause as to
why they should not be proceeded for
contempt of court and why should not be
convicted for deliberately & willfully
violating the order of commissioner Munger
Pramandal, Munger dt. 7-7-2018, 14-7-
2018, 7-8-2018, 2-8-2018 by which the
Patna High Court MJC No.3951 of 2018(4) dt.02-04-2026
2/2
learned commissioner has been pleased to
order for payment of the salary of the
petitioner within 15 days of the order and
then asked the respondents no2 to4 to send
the compliance of his order within that very
time 15 days but till date order was not
complied nor the compliance report of order
of commissioner was sent to the
commissioner.
3. At the outset, learned counsel for the petitioner
prays for withdrawal of the petition.
4. Though, this Court wanted to dismiss the same
with the cost and also wanted to show cause the office on how
such contempt petition was entertained, since a prayer for
withdrawal has been made, the MJC No. 3951 of 2018 is
dismissed as withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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