Patna High Court
Kundan KumarversusThe State of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court disposed of the contempt petition as there was no substantive issue remaining for adjudication.
Summary
Kundan Kumar, a resident of Munger, filed a contempt petition against the State of Bihar and officials of the Rural Development Department alleging irregularities in his service reinstatement. The Bihar Rural Livelihood Promotion Society testified that Kumar had been reinstated and that the period of his absence was treated as Leave Without Pay, with his salary being paid accordingly. The petitioner did not dispute these factual findings and did not name the Society as a party to the contempt proceeding. The court noted that, given the Society’s order reinstating Kumar and the lack of any remaining dispute, there was nothing left to adjudicate in the contempt petition. Consequently, the court disposed of the contempt petition.
Issues considered
- Whether the contempt petition filed by the petitioner is maintainable in view of the Society’s order reinstating him
Subjects
- contempt
- reinstatement
- public service
- leave without pay
- rural development
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.543 of 2019
In
Civil Writ Jurisdiction Case No.12663 of 2018
======================================================
Kundan Kumar Resident of Village- Kalyanpur, P.S.- Kalyanpur, District-
Munger.
... ... Petitioner/s
Versus
1. The State of Bihar and Ors Through principal Secretary Rural Development
Department Old Secretariat patna Arbind Kumar
2. Bala Murugundi The Chief Executive Officer, Rural Development
Department, Rural Development Department, Old Secretariat, Patna.
3. Sanjay Kumar The District Project Manager District Projection Co
ordination Unit ,Banka
4. Shikha Rai The Block Project Manager , Katoria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the Opposite Party/s : Mr. Anjani Kumar (AAG-4)
For the Department : Mr. Abhinav Srivastava, Sr. Advocate
Mr. Md. Tauseef Waquar, Advocate
Mr. Pushkar Bharadwaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
7 16-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Bihar Rural Livelihood Promotion Society and
learned counsel for the State.
2. Learned Senior Counsel, Mr. Abhinav Srivastava,
appears for the Bihar Rural Livelihood Promotion Society (for
brevity ‘Society’) and submits that the petitioner has been taken
back in service and for the period during which the petitioner
was found absent, the said period has been categorized as
‘Leave Without Pay’ and rest, the current salary, is being paid as
Patna High Court MJC No.543 of 2019(7) dt.16-02-2026
2/2
against the duties discharged.
3. Learned counsel for the petitioner does not dispute
the factual position and submits that nothing survives for
adjudication in the present contempt petition. Though, for the
reasons best known to the petitioner, has not arrayed the Society
as party but still upon having come to know about the contempt
petition having been preferred by the petitioner, the Society has
come out with a reasoned and speaking order, whereby the
petitioner is reinstated back in service and insofar as the joining
of the petitioner is concerned, it is stated that the petitioner has
joined the post of the Society, on which the petitioner was
engaged.
4. Considering the aforesaid submissions of the
parties, the contempt petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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