Patna High Court
Lal Mohan Sharma,versusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner had been granted seniority, thereby negating any contempt, and disposed of the petition without further relief.
Summary
Lal Mohan Sharma, a former Junior Engineer, filed a contempt petition challenging the non‑implementation of an order dated 14‑Oct‑2019 that directed his promotion to at least Assistant Engineer. The petition alleged that the State of Bihar and officials of the Rural Works Department failed to comply with the promotion order. The court noted that the State had produced a memo dated 26‑Aug‑2025 showing that the petitioner had been granted seniority from the date his juniors were promoted (19‑Jun‑2018). Considering that seniority had been accorded, the court allowed the petitioner to raise any remaining grievance but otherwise disposed of the contempt petition. Consequently, no further relief regarding promotion was granted, and the matter was closed.
Issues considered
- Whether the order dated 14‑Oct‑2019 directing promotion of the petitioner was complied with by the State.
- Whether the State's grant of seniority to the petitioner amounts to contempt of the court's order.
- Whether the petitioner is entitled to further relief for promotion under the Departmental Promotion Committee's recommendation.
Subjects
- contempt
- promotion
- seniority
- departmental promotion committee
- civil writ jurisdiction
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.48 of 2020
In
Civil Writ Jurisdiction Case No.16913 of 2019
======================================================
Lal Mohan Sharma, S/O - Sri Chulhan Singh, resident of village Bari Kopa,
P.S.- Boubatpur, Distt.- Patna, Ex. Junior Engineer, Rural Works Department,
Govt. of Bihar, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through Mr. Deepak Kumar (male) aged about 60 years,
the Chief Secretary (Home), Govt. of Bihar, Patna at Old Secretariat, P.S.-
Sachivalaya, Distt.- Patna.
2. Mr. Vinay Kumar, the Secretary, Rural Works Department, Govt. of Bihar.
office at 5the Floor, Vishveshwarraiya Bhawan, Bailey Road, P.S.- Shashtri
Nagar, Distt.- Patna.
3. Mr. Sanjay Dubey, the Upper Secretary, Rural Works Department, Govt. of
Bihar. office at 5the Floor, Vishveshwarraiya Bhawan, Bailey Road, P.S.-
Shashtri Nagar, Distt.- Patna.
4. Mr. Uday Kant Choudhari, the Under Secretary, Rural Works Department,
Govt. of Bihar. office at 5the Floor, Vishveshwarraiya Bhawan, Bailey Road,
P.S.- Shashtri Nagar, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Pd. Singh, Advocate
For the Opposite Party/s : Mr. Manish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“That this contempt petition is against
order dt. 14.10.2019, passed in CWJC No. 16913 /
2019, by Hon'ble Mr. Justice Chakradhari Sharan
Singh, an Hon'ble Single Bench of this Hon'ble
Court, with direction to opposite parties, to give
Patna High Court MJC No.48 of 2020(6) dt.11-03-2026
2/2
promotion to the petitioner to the rank of Assistant
Engineer at least, with effect from the date his
Juniors have been given promotion on the basis of
recommendation of the Departmental Promotion
Committee in question, within a period of one
month from the date of receipt / production of a
copy of this order. The writ petition allowed with
cost of Rs. 5000/- to be paid to the petitioner within
3 months from today.”
3. A show cause on behalf of the opposite party no. 2
to 4 is on record and learned State counsel has taken this Court
to the order vide memo no. 9177 dated 26.08.2025 to show that
the petitioner has been granted seniority from the date, juniors
were granted (19.06.2018).
4. In that background, allowing the petitioner to
agitate the matter, if still has any grievance, MJC No. 48 of
2020 stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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