Patna High Court
Dhirendra Prasad ShrivastavaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Since the punitive order was withdrawn by the respondents’ notification, there was no contempt of the earlier judgment.
Summary
The petitioner, Dhirendra Prasad Shrivastava, filed a contempt petition against the State of Bihar and senior officials, alleging that they willfully violated a 2015 High Court order (C.W.J.C. No.12680 of 2008) which had set aside a 2004 punishment order that withheld his salary increments and imposed censure. The petitioner sought to initiate contempt proceedings for the alleged non‑compliance. The respondents filed a show‑cause response citing Notification No. 16 dated 03‑01‑2020, which indicated that the earlier punitive order had been withdrawn and that the petitioner was entitled to all benefits. The Court examined whether the respondents’ actions amounted to contempt of the earlier judgment. Finding that the order had indeed been withdrawn and the petitioner had been restored to his benefits, the Court held that there was no ground for contempt. Consequently, the contempt petition was disposed of, with liberty granted to the petitioner to approach the Court again if any grievance remains.
Issues considered
- Whether the respondents willfully violated the 2015 High Court order quashing the 2004 punishment order.
- Whether the filing of a contempt petition is appropriate in view of the withdrawal of the punitive order by Notification No. 16.
Subjects
- contempt of court
- writ jurisdiction
- civil service punishment
- withdrawal of order
- benefits entitlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.553 of 2018
In
Civil Writ Jurisdiction Case No.12680 of 2008
======================================================
Dhirendra Prasad Shrivastava Son of Late Baidyanath Prasad, Presently
residing at House No. 84A, Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mr. Amrit Lal Mina, Principal Secretary, Road Construction Department,
Govt. of Bihar, Patna.
3. Mr. Mithilesh Kumar, Deputy Secretary, Road Construction Department,
Govt. of Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Bhardwaj, Advocate
For the Opposite Party/s : Mr.Ramashray Roy, AC to AAG-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiating a contempt for named
opposite party for willfully and deliberately
violating the order of the Hon'ble Court vide
C.W.J.C. No.12680 of 2008 dated
23.04.2015 passed by Hon'ble Justice Mr.
Ajay Kumar Tripathi (as His Lordship then
was) whereby the Hon'ble Court has
quashed the impugned order dated
Patna High Court MJC No.553 of 2018(3) dt.12-03-2026
2/2
13.09.2004 by which the punishment of
withholding two increments with cumulative
effect, censure to be entered for the year
2000-2001 and nothing except subsistence
allowance would be paid during the period
of suspension.
3. The show cause filed on behalf of the opposite
party has a notification no. 16 dated 03.01.2020 which shows
that the order in question stands withdrawn pursuant to the writ
Court’s order with further direction that he shall be entitled to
all the benefits.
4. Granting liberty to the petitioner, if still has any
grievance, the contempt petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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