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Patna High Court

Asha Kumari @ Asha DeviversusThe State Of Bihar Through R. K. Mahajan The Principal Secretary Primary Education, New Secretariat

Decided
Disposal
WITHDRAWN

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The petition is dismissed as withdrawn.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the withdrawal request and, without examining the merits of the contempt allegation, dismissed the petition as withdrawn and ordered costs.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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