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Patna High Court

Budhdeo DasversusSri Anand Kishore (I.A.S.), the Principal Secretary,

Decided
Disposal
DISPOSED

Holding

No contempt is made out and the petition is disposed.

Summary

Budhdeo Das filed a contempt petition before the Patna High Court alleging that several government officials willfully violated an earlier order (C.W.J.C. No.9806 of 2020 dated 07.01.2022) which directed the respondents to pass a speaking order on the regularisation of his suspension period and to pay the calculated amount with interest within three months. The petitioner sought initiation of contempt proceedings and, alternatively, liberty to pursue the grievance afresh. The Court examined whether the respondents’ alleged inaction amounted to contempt of its earlier direction. It held that the facts did not establish contempt and that the petitioner remained free to raise the matter again through appropriate legal channels. Consequently, the contempt petition was disposed of without any order of contempt.

Issues considered

  • Whether the respondents' failure to pass the speaking order as directed constitutes contempt of court
  • Whether the petitioner is entitled to claim regularisation of suspension and interest on arrears
  • Whether the contempt petition is maintainable in view of the petitioner's residual grievance

Subjects

  • contempt of court
  • civil writ jurisdiction
  • regularisation of suspension
  • interest on arrears
  • government officials
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.399 of 2023
                                                      In
                               Civil Writ Jurisdiction Case No.9806 of 2020
                 ======================================================
                 Budhdeo Das S/o Late Basudeo Das, Resident of Mohalla- Lallu Pokhar,
                 Argara Road, P.S.- Kasim Bazar, District- Munger.

                                                                             ... ... Petitioner/s
                                                 Versus
           1.    Sri Anand Kishore (I.A.S.), the Principal Secretary, Urban and Housing
                 Development Department, Govt. of Bihar, Patna.
           2.    Sri Rahul Barman (I.A.S.), The Deputy Secretary, Urban and Housing
                 Development Department, Govt. of Bihar, Patna.
           3.    Sri Navin Kumar (I.A.S.), the District Magistrate, Munger, Bihar.
           4.    Sri Nikhil Dhanraj, Nagar Ayukta, Munger Nagar Nigam, Munger, Bihar.
           5.    Sri Kumkum Devi, the Chairman, Munger Nagar Nigam, Munger, Bihar.
           6.    Sri Shyam Nandan Jha, the then Nagar Ayukta, S/o Parmanand Jha, Munger
                 Nagar Nigam, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Shambhu Sharan Singh
                 For the Opposite Party/s :     Mr.Subhash Prasad Singh (Ga 3)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                      Heard the parties.

                                2. The petitioner has prayed for grant of following

                   relief :-

                                       “1. That this is an application for initiation
                          of contempt proceeding against the O.Ps./contemnors
                          who willfully and deliberately violated the order
                          passed by this Hon’ble Court in C.W.J.C. No.9806 of
                          2020 passed vide order dated 07.01.2022 passed by
                          Hon’ble Mr. Justice P.B. Bajanthri in which it is
                          clearly observed :
                                       Concerned respondent is hereby directed to
            Patna High Court MJC No.399 of 2023(3) dt.10-03-2026
                                                        2/2




                             pass speaking order as to whether petitioner is
                             entitled for regularisation of suspension period as a
                             duty. If it is treated as duty in the light of judicial
                             pronouncement the same shall be calculated and
                             disbursed in favour of the petitioner within a perido
                             of three months from the date of receipt of this order,
                             failing which petitioner is entitled to interest @ 8%
                             per annum on arrears of salary”.
                                   3. Learned counsel for the petitioner submits that he is

                      still have some grievance and as such will be taking appropriate

                      steps in accordance with law.

                                   4. In that background, in the present, no contempt is

                      made out and granting liberty to agitate the matter afresh if the

                      grievance of the petitioner still subsist, the contempt petition

                      stands disposed of.



                                                                       (Rajiv Roy, J)
sanjeev/-

U


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