Patna High Court
Babban SharmaversusThe State Of Bihar Through Mr. Sri Sudhir Kumar, The Principal Secretary, Rural Works Department, B
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
No contempt is made out as the underlying order was dismissed, and the petition is disposed.
Summary
Petitioner Baban Sharma filed a contempt petition (M.J.C. No.466 of 2018) alleging that the State of Bihar and officials of the Rural Works Department willfully failed to comply with a May 15, 2017 order in C.W.J.C. No.7216 of 2017, which required the department to grant him the benefit of ACP within three months. The respondents filed a show‑cause and produced Annexure‑R/1, indicating that a later suit, LPA No.160 of 2018 (State of Bihar vs Baban Sharma), was decided by a Division Bench on March 22, 2023, dismissing the original C.W.J.C. petition. The court held that, in view of this subsequent decision, the basis for contempt no longer existed. Consequently, the contempt petition was disposed of with no contempt finding.
Issues considered
- Whether contempt proceedings can continue when the order alleged to have been violated has been set aside or dismissed by a later judgment.
Subjects
- contempt
- civil writ jurisdiction
- non‑compliance
- order set aside
- dismissal
- high court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.466 of 2018
In
Civil Writ Jurisdiction Case No.7216 of 2017
======================================================
Babban Sharma S/o Late Ram Kishun Sharma, Resident of Village - Banjari,
P.S. - Rohtas, District - Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar Through Mr. Sri Sudhir Kumar, The Principal Secretary,
Rural Works Department, Bihar, Patna
2. Mr. Sri Sudhir Kumar, The Principal Secretary, Rural Works Department,
Bihar.
3. Mr. Sri Rajesh Kumar. The Deputy Secretary Rural Works Department,
Bihar.
4. Mr. Sri Indu Bhushan Kumar, the Superintending Engineer, Karj Pramandal,
Motihari.
5. Mr. Sri Jakir Hussain, The Executive Engineer, Karj Pramandal, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Archana Meenakshee, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 30-04-2026 Heard the parties.
2. The present petition has been preferred:
for initiating Contempt proceeding
against opposite parties/ Contemnors for willfully
and deliberately not complying with the order
dated 15-05-2017 passed in C.W.J.C. No. 7216 of
2017 whereby and where under this Court was
pleased to allowed and case of the petitioner
referred to Principal Secretary, Rural Works
Patna High Court MJC No.466 of 2018(7) dt.30-04-2026
2/2
Department, Government of Bihar (Respondent
No. 2) for granting him the benefit of ACP after
taking into consideration the period spent by the
petitioner in the parent department. Respondent
No. 2 will pass appropriate order within a period
of three months from the date of receipt of a copy
of this order.
3. A show cause has come on behalf of the opposite
party, Rural Works Department. Learned state counsel has taken
this Court to the Annexure-R/1 to show that against the said
order, LPA No. 160 of 2018 (State of Bihar vs Baban Sharma)
was filed which was allowed by a Division Bench on
22.03.2023 and the CWJC No. 7216 of 2017 preferred by this
petitioner was dismissed.
4. In view of the development that took place
subsequently, no contempt is made out.
5. Accordingly, M.J.C. No. 466 of 2018 is disposed
of.
(Rajiv Roy, J)
Abhishek/-
U
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