Patna High Court
Dr. Lalita Kumari MishraversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the contempt application, granting the petitioner liberty to pursue the interest claim before the appropriate court and not proceeding with contempt proceedings.
Summary
The petitioner, Dr. Lalita Kumari Mishra, filed a contempt application against the State of Bihar, several officials and Lalit Narayan Mithila University alleging willful disobedience of a Patna High Court order dated 11‑04‑2018 in CWJC No. 4994 of 2018. The order required the University to pay salary arrears of Rs 21,88,852 for the period 01‑11‑1996 to 28‑02‑2013, but the University’s show‑cause statement indicated that interest on the arrears had not been paid. The petitioner sought conviction and exemplary punishment for contempt, as well as direction to recover the omitted interest. The learned senior counsel argued that the interest component was a statutory entitlement and would be pursued before the appropriate court. The bench, after hearing counsel, granted the petitioner liberty to raise the interest issue in a suitable forum and disposed of the contempt application. Consequently, no contempt proceedings were instituted and the matter was closed pending further litigation on the interest claim.
Issues considered
- Whether the opposite parties willfully disobeyed the High Court’s order dated 11‑04‑2018, warranting contempt proceedings.
- Whether the omission of interest on salary arrears constitutes contempt of court.
- Whether the petitioner is entitled to exemplary punishment against the opposite parties.
Subjects
- contempt of court
- salary arrears
- interest on arrears
- university administration
- civil writ jurisdiction
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4276 of 2018
In
Civil Writ Jurisdiction Case No.4994 of 2018
======================================================
Dr. Lalita Kumari Mishra Wife of Dr. Vinay Kumar Choudhary Resident of
Mohalla-Professor Colony Lalbagh P.S.-LNMU District-Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Chief Secretary, Government Of Bihar,
Patna
2. R.k. Mahajan, Principal Secretary, Human Resource, development
Department, Government of Bihar, Patna.
3. Dr. S.K. Singh, Vice Chancellor, Lalit Narayan Mithila University,
Kameshwar Nagar Darbhanga.
4. Col. Nisheeth Kumar Rai Registrar, Lalit Narayan Mithila University,
Kameshwar Nagar Darbhanga.
5. Mr. Vinod Kumar, Finance Officer, Lalit narayan Mithila University,
Kameshwar Nagar Darbhanga.
6. Dr. Mushtaque Ahmad, Principal M.L.S.M. Collge, Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binodanand Mishra, Sr. Adv.
Mr. Sandeep Kumari, Adv.
Mr. Gunjan Kumar Jha, Adv.
Ms. Sweta Kumari, Adv.
Ms. Saumya Sinha, Adv.
For the Opposite Party/s : Mr. Ashutosh Ranjan Pandey
for the State : Mr. Priyadarshi Matri Sharan, AC to AAG-15
For the University : Mr. Kinkar Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 02-04-2026 Heard Mr. Binodanand Mishra, learned Senior Counsel
for the petitioner and Mr. Kinkar Kumar representing L.N. Mithila
University besides the State.
2. The present application has been preferred:
for initiation of contempt of court
proceeding against the opposite parties for
willful and deliberate disobedience of the
Patna High Court MJC No.4276 of 2018(6) dt.02-04-2026
2/2
order of this Court dated 11.04.2018 in
CWJC No. 4994 of 2018 by Hon'ble Mr.
Justice Anil Kumar Upadhyay. The petitioner
also prays for conviction of the opposite
parties and award of exemplary sentence to
the opposite parties for their willful and
deliberate disobedience of the order and
direction of this Hon'ble Court.
3. The show cause of the University shows that a sum
of Rs. 21,88,852/- has been paid for the period 01.11.1996 to
28.02.2013 towards the salary arrear.
4. Learned Senior Counsel submits that the interest
part has been missed out and as such, he will be agitating the
same before appropriate Court.
5. Granting said liberty, MJC No. 4276 of 2018 is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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