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Patna High Court

Dhirendra Prasad ShrivastavaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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Since the punitive order was withdrawn by the respondents’ notification, there was no contempt of the earlier judgment.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response citing Notification No. 16 dated 03‑01‑2020, which indicated that the earlier punitive order had been withdrawn and that the petitioner was entitled to all benefits.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 Finding that the order had indeed been withdrawn and the petitioner had been restored to his benefits, the Court held that there was no ground for contempt.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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