Patna High Court
Shib Shankar PrasadversusThe State of Bihar through the Principal Secretary, General Administration,
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The court held that the State had fully complied with the order dated 19 September 2024, and therefore the contempt proceedings were dropped.
Summary
The petitioner, Shib Shankar Prasad, filed a writ petition seeking the State of Bihar to provide benefits under the A.C.P scheme as directed in an earlier order dated 19 September 2024. The State argued that it had complied with that order by issuing Memo No. 1374 on 23 January 2025, stating that the petitioner’s case differed from the precedent case of Bijay Kumar Sinha. The court examined whether the compliance was sufficient and whether contempt proceedings were warranted. Finding that the State’s memo satisfied the earlier directive, the court held that the order of 19 September 2024 was fully complied with. Consequently, the contempt proceedings were dropped and the petition was dismissed.
Issues considered
- Whether the State of Bihar complied with the order dated 19 September 2024 directing it to provide A.C.P scheme benefits to the petitioner.
- Whether contempt proceedings should continue against the State for alleged non‑compliance.
Subjects
- contempt of court
- compliance with judicial order
- A.C.P scheme
- writ jurisdiction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4283 of 2024
In
Civil Writ Jurisdiction Case No.14090 of 2024
======================================================
Shib Shankar Prasad Son of Late Dwarika Prasad, Resident of Mohalla-
Guilli Bhatta Near West Railway Kebin, Shiv Mandir, Argara, P.S.-Sahebganj,
District- Sahebganj (Jharkhand) at present Posted as Senior Deputy Collector,
Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, General Administration,
Government of Bihar, Patna.
2. Dr. B. Rajendra, Son of Not known to the petitioner Principal Secretary,
General Administration, Government of Bihar, Patna.
3. Principal Secretary, General Administration, Government of Bihar, Patna.
4. Md. Sohail, Son of Not Known to the petitioner, Secretary General
Administration, Government of Bihar, Patna.
5. Secretary, General Administration, Government of Bihar, Patna.
6. Sri Sanjay Kumar, Son of Not known to the petitioner, Additional Secretary,
General Administration, Government of Bihar, Patna.
7. Additional Secretary, General Administration Department, Government of
Bihar, Patna.
8. Ravindra Chaudhary, Son of Not known to the petitioner, Deputy Secretary,
General Administration Department, Government of Bihar, Patna.
9. Deputy Secretary, General Administration Department, Government of
Bihar, Patna.
10. Sri Vinod Kumar Singh, Son of Not known to the petitioner, Under
Secretary, General Administration, Department, Government of Bihar, Patna.
11. Under Secretary, General Administration, Government of Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Kumar Singh, Advocate
For the State : Mr. Prabhat Kumar (AC to GA-11)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 22-01-2026 Heard learned counsel for the petitioner and learned
Patna High Court MJC No.4283 of 2024(5) dt.22-01-2026
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counsel for the State.
2. Learned counsel for the petitioner submits that the
order dated 19.09.2024 passed in C.W.J.C. No. 14090 of 2024
has not been complied with.
3. Learned counsel for opposite party no.2 submits
that in the said order dated 19.09.2024 passed in C.W.J.C. No.
14090 of 2024, it has been categorically observed by this Court
in para 6 that “in the light of the observation made by this
Hon’ble Court, it is directed to the respondent concerned to
provide the benefits of the A.C.P scheme to the petitioner within
four weeks from today if it has been found that petitioner’s case
is squarely covered from the case of Bijay Kumar Sinha Vs.
The State of Bihar & Ors in C.W.J.C No. 14609 of 2010.”
Counsel submits that in compliance of the said order dated
19.09.2024 passed in C.W.J.C. No. 14090 of 2024, Annexure-
R/A has been annexed vide Memo No. 1374 dated 23.01.2025,
wherein, it has been categorically stated in the different
paragraphs that the case of present petitioner is different from
the case of Bijay Kumar Sinha (supra) .
4. As such, this Court is of the firm view that the order
dated 19.09.2024 passed in C.W.J.C. No. 14090 of 2024 has
been fully complied with. Accordingly, the contempt proceeding
Patna High Court MJC No.4283 of 2024(5) dt.22-01-2026
3/3
is hereby dropped and the present M.J.C petition stands
dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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