Patna High Court
Subhash KumarversusThe State Of Bihar Through The Principal Secretary Home Department, Government Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the contempt petition is not maintainable, the order has been complied with, and the petition is dismissed.
Summary
Subhash Kumar filed a contempt petition alleging that the State of Bihar and police officials willfully disobeyed a September 24, 2018 order directing the Superintendent of Police to consider his claim for benefits similar to a 2017 order and to grant those benefits within four weeks. The State counsel produced paragraphs showing that the petitioner was found by the Central Selection Board to have forged documents to obtain a constable appointment, that an FIR was lodged under sections 419, 420, 467, 468, 472 and 120(B) IPC, and that his selection was void ab initio. The court examined whether the contempt petition was maintainable and whether the order had been complied with. It held that the petition was not maintainable, the order had been complied with, and the petitioner’s selection was invalid. Consequently, the contempt petition was dismissed and the matter was disposed, with liberty granted to the petitioner to approach the appropriate forum.
Issues considered
- Whether the contempt petition filed by Subhash Kumar is maintainable.
- Whether the order dated 24‑09‑2018 directing consideration of the petitioner’s claim was willfully disobeyed.
- Whether the petitioner is entitled to the benefits claimed under the earlier 2017 order.
- Whether the petitioner’s selection as constable is void ab initio due to alleged forgery.
Legislation cited
- Indian Penal Code — s. 120(B), 419, 420, 467, 468, 472
Subjects
- contempt of court
- forgery
- police recruitment
- selection board
- void ab initio
- Indian Penal Code
- constitutional law
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4950 of 2018
In
Civil Writ Jurisdiction Case No.4684 of 2018
======================================================
Subhash Kumar S/o Mahendar Prasad Mandal R/o Village- Dildarpur, Post-
Champanagar, P.S.- Nathnagar, Dist- Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Home Department,
Government Of Bihar and Ors Patna, Namely- Amir Subhani.
2. The Director General of Police-cum-I.G. of Police, Bihar, Patna. namely-
K.S. Dwivedi.
3. The D.I.G. of Police, Muzaffarpur, namely- Arun Kumar Singh.
4. The Commandant of BMP-15 Valmikinagar. Namely- Manjhu Jha.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Jha, Adv.
For the Opposite Party/s : Mr. Rajnish Shandily, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 26-03-2026 Heard the parties.
2. The present application has been preferred:
for initiating contempt of Court
proceeding against the contemnors/opp.
Parties for willful disobedience of the order
dated 24/09/2018 of CWJC No. 4684/2018
passed by the Hon'ble Mr. Justice Shivaji
panday, one of the Hon'ble Judge of this
Hon'ble high Court, by which the Hon'ble
Court has directed to the Superintendent of
police, Sitamardhi to consider the claim of
petitioner is similar to the claims of order
dated 04.02.2017 of CWJC No. 16102/2016
and its analogous for acceptance the joining
Patna High Court MJC No.4950 of 2018(4) dt.26-03-2026
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of the petitioner after released on bail and
make the entire benefits of the petitioner
within a period of four weeks from the date
of receipt/ production of a copy of the order
of this writ along with the representation.
3. The show cause of opposite party no. 4 is on record
and learned State Counsel has taken this Court to paragraph no.
8 to 13 which read as follows:
8. That it is relevant to mention
here that it appears from the official record
that out of 223 candidates only 217
candidates including the petitioner had
appeared before the Commandant of IRB-3
Balmiki Nagar, Bagaha, IRB-3 Camp BMP-6
Muzaffarpur for joining. Here it is apt to
mention that in course of physical test,
matching of the photograph and verification
of certificates found some defect. Hence the
Commandant of IRB-3, Balmiki Nagar
Bagha, Camp BMP-3, Muzaffarpur had sent
memo no.925/R.O. dated 29.07.2015 and
details of defects including the writ
petitioner to the Central Selection Board
(Constable Recruitment), Bihar, Patna for
necessary directions.
9. That here it is important to
point out that the Central Selection Board
(Constable Recruitment), Bihar, Patna had
enquired the matter meticulously and found
Patna High Court MJC No.4950 of 2018(4) dt.26-03-2026
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that they have used the rope of forgery for
obtaining the employment on the post of
Constable in Bihar Police, hence the
authority of Central Selection Board
(Constable Recruitment), Bihar, Patna had
directed to this opposite party through letter
dated 03.08.2015, vide memo no.570/CSB
that to take action against (1) Subhash
Kumar, Roll no.1038240362, (2) Amarjeet
Thakur, Roll no.1041170559, (3) Sumit
Kumar, Roll no.1041040452 (4) Pappu
Kumar, bearing Roll no.2852320379.
10. That it is apt to point out that
on the direction of the Authority (Constable
of Central Selection Board Recruitment),
Bihar, Patna this opposite party had sent a
letter dated 04.08.2015, vide memo
no.972/R.O. to the SHO of Mithanpura
Police Station, Muzaffarpur against the
petitioner and three above mentioned
candidates. The SHO of Mithanpura Police
Station, Muzaffarpur had lodged Case
no.200 of 2015 dated 04.08.2015 against the
named accused persons including the
petitioner.
11. That it is necessary to point
out that the Station House Officer of
Mithanpura Police Station, Muzaffarpur had
lodged FIR bearing Case no.200/15 dated
04.08.2015 for the committed offence under
Patna High Court MJC No.4950 of 2018(4) dt.26-03-2026
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sections 419/420/467/468/472/120(B) IPC
against the four accused persons including
the petitioner.
12. That it will be evident from the
above mentioned fact and materials that the
writ petitioner's allegations as alleged in the
instant petition are totally wrong and
baseless. After necessary enquiry the Central
Selection Board (Constable Recruitment),
Bihar, Patna found that petitioner and other
persons were involved in forgery and
misbehaviour act and has used the rope of
forgery and misbehavior for obtaining
employment on the post of Constable in
Bihar Police which is violation of Articles 14
and 16 of the Indian Constitution. Hence,
prayer of the contempt petitioner is not
maintainable according to law. The question
of the petitioner does not arise to pay the
salary of the petitioner and reliefs, because
the contempt petitioner was not appointed as
Constable under control and jurisdiction of
the Government of Bihar as Constable. The
instant petitioner's selection was void-ab-
initio.
13. That this official opposite
party had sent a letter no.1950/R.O. dated
02.11.2018 in respect of the order with full
information and fact. The cases of the
instant contempt petitioner and the above
Patna High Court MJC No.4950 of 2018(4) dt.26-03-2026
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named accused persons are not same.
4. This Court is convinced that the order stands
complied.
5. Granting liberty to the petitioner to agitate the
matter before appropriate forum/Court, MJC No. 4950 of 2018
is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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