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Patna High Court

Laxmina Kumari @ Kumari Laxmina KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition for contempt is dismissed as the respondents have complied with the earlier judicial order.

Summary

Petitioner Laxmina Kumari filed a petition seeking contempt proceedings against several education officials, alleging they willfully ignored a prior judgment dated 24 September 2019 which directed the District Programme Officer to investigate her claim of a lawful appointment and, if confirmed, order payment of her salary within sixty days. The earlier judgment (C.W.J.C. No. 19727 of 2019) required the officials to verify her service record and issue a salary order promptly. The petitioner’s counsel submitted that the officials had complied with the earlier order. The court examined whether any breach of the 2019 order occurred that would justify contempt proceedings. Finding that the order had been complied with, the court disposed of the contempt petition without further action.

Issues considered

  • Whether the opposite parties are in contempt for allegedly flouting the 24 September 2019 order.
  • Whether the 24 September 2019 order directing salary payment has been complied with.

Subjects

  • contempt of court
  • judicial order compliance
  • service appointment
  • salary claim
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.645 of 2021
                                                      In
                               Civil Writ Jurisdiction Case No.19727 of 2019
                 ======================================================
                 Laxmina Kumari @ Kumari Laxmina Kumari Daughter of Sri Hariwansh
                 Bind, Resident of Village-Uparauli, P.S.-Ramgardh Upari, District Kaimur at
                 Bhabhua.                                                 ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Sri Ranjeet Kumar Singh, the Director, Primary
                  Education, Govt. of Bihar, New Secretariat, Patna.
           2.    Sri Sanjeev Kumar, the District Education Officer, Rohtas.
           3.    Sri Keshav Prasad, the District Programme Officer (Establishment), Rohtas.
           4.    The Block Education Officer, Kochas, District-Rohtas.
           5.     The Headmaster, N.P.S., Tiwaripur, Anchal-Kochas, District-Rohtas.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bipin Bihari Singh, Advocate
                 For the Opposite Party/s :        Ms. Abhanjali, AC to GA-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-03-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of contempt proceeding

                                              against opposite parties who knowingly,

                                              deliberately and willfully flouted judicial

                                              order-dated 24.09.2019 in C.W.J.C. No.

                                              19727 of 2019 Laxmina Kumari @ Kumari

                                              Laxmina Kumari Versus The State of Bihar

                                              & Ors passed by Hon'ble Mr. Justice Anil

                                              Kumar Upadhyay 'J' whereby his lordships

                                              was pleased to disposed of the writ petition
         Patna High Court MJC No.645 of 2021(4) dt.10-03-2026
                                                     2/2




                                           by directed the District Programme Officer

                                           (Establishment), Rohtas to cause an enquiry

                                           on the claim of the petitioner and on

                                           verification         of   record,   if   the   District

                                           Programme Officer (Establishment), Rohtas

                                           came to a conclusion that the appointment of

                                           the petitioner is legal and valid and he has

                                           actually worked for the period, he is

                                           claiming salary he will pass appropriate

                                           order for payment of salary at the carliest,

                                           preferably within a period of sixty days from

                                           the date of receipt/production of a copy of

                                           this order.

                                3. Learned counsel for the petitioner submits that the

                   order has been complied.

                                4. In that background, the MJC No. 645 of 2021 is

                   disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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