Patna High Court
Shambhu Nath Mishra,versusThe Union Of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the amount had been credited to the petitioner, so no contempt existed and the petition was disposed.
Summary
Shambhu Nath Mishra filed a petition in the Patna High Court seeking contempt proceedings against the Union of India and several officials for allegedly defying the court's order dated 08‑01‑2018 in CWJC No. 16033 of 2016. The petitioner claimed that the respondents had willfully failed to comply with the earlier order. The Regional Provident Fund Commissioner (Legal) produced documents showing that the amount due to the petitioner had been credited to his account in 2018. On this basis, the court held that the alleged non‑compliance was not established. Consequently, the court granted the petitioner liberty to raise any further grievance if it persisted, and disposed of the contempt application.
Issues considered
- Whether the respondents are in contempt of the order dated 08‑01‑2018 in CWJC No. 16033 of 2016.
- Whether the amount due to the petitioner was actually paid, thereby negating contempt.
Subjects
- contempt of court
- civil writ jurisdiction
- provident fund
- non‑compliance
- high court order
- disposal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4267 of 2018
In
Civil Writ Jurisdiction Case No.16033 of 2016
======================================================
Shambhu Nath Mishra, S/o Late Lakshmi Kant Mishra, Resident of Basauna,
Post- Basauna, Via Saharsa Kachari, Dist.- Saharsa, Bihar, Pin- 852201.
... ... Petitioner/s
Versus
1. The Union Of India through Mr. Heeralal Samariya, Secretary, Labour and
Employment Ministry, Govt. of India, New Delhi.
2. Mr. Heeralal Samariya, Secretary, Labour and Employment, Govt. of India,
New Delhi.
3. Mr. Sunil Barthwal, Central Provident Fund Commissioner, New Delhi.
4. The State of Bihar through Nr. Deepak Kumar, the Chief Secretary, Govt. of
Bihar, Patna.
5. Mr. Sanjay Kumar Agrawal, Principal Secretary, Transport Department,
Patna, Bihar.
6. The Bihar State Road Transport Corporation through Mr. Sanjay Kumar
Agrawal, Administrator, Birchand Patel Marg, Patna, Bihar.
7. Mr.Sanjay Kumar Agrawal, Administrator, BSRTC, Patna, Bihar.
8. Mr. Arbind Kumar Choudhary, Chief Accounts Officer, BSRTC, Patna,
Bihar.
9. Dr. V.P. Singh, The Regional Provident Fund Commissioner, EPFO, R-
Block, Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Jha, Advocate
For the State : Mr. Parijat Saurav, AC to AAG-10
For the EPFO : Mr. Prashant Sinha, Advocate
: Mr. Aniket Rai, Advocate
For the BSRTC : Mr. P.K. Verma, Sr. Advocate
: Mr. Vijaya Laxmi Srivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-04-2026 Learned counsel for the petitioner undertakes to
remove the defect.
2. Heard the parties.
3. The present petition has been preferred for the
Patna High Court MJC No.4267 of 2018(3) dt.30-04-2026
2/2
grant of following relief(s):
“for issuance of contempt proceeding
against opposite parties for their deliberate and
intentional disobedience of the order dated
08.01.2018 passed by the Hon’ble Court in
CWJC No. 16033 of 2016.”
4. The show cause has come on behalf of the opposite
party no.9, the Regional Provident Fund Commissioner (Legal),
Regional Office, Patna and the different documents all issued in
the year 2018 shows that the payable amount has been credited
in the account of the petitioner.
5. In that background, granting liberty to the
petitioner to agitate the matter, if any grievance still remains, the
application stands disposed of.
(Rajiv Roy, J)
vinayak/-
U
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