Created by Fuzzy Cloud

Patna High Court

Subhash KumarversusThe State Of Bihar Through The Principal Secretary Home Department, Government Of Bihar and Ors

Decided
Disposal
DISPOSED

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

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
                                            2/5




                                  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
                                            3/5




                                  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
                                            4/5




                                  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
                                                       5/5




                                             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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.