Created by Fuzzy Cloud

Patna High Court

Keshav PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt proceeding was dropped as the respondents had complied with the earlier High Court order, and the petition was disposed.

Summary

The petitioners, nine programme officers, filed a petition seeking initiation of contempt proceedings against the State of Bihar for allegedly willfully disobeying a High Court order dated 3 January 2019 in CWJC No.1072 of 2016. The court examined the status of a prior contempt proceeding (MJC No.2071 of 2019) in which the Director of Administration‑cum‑Additional Secretary had ordered that the petitioners be granted promotion with effect from the date their juniors were promoted, thereby complying with the 2019 order. The court noted that the required amendment to the gradation list would take about six weeks, but that no further cause existed to keep the contempt proceeding alive. Consequently, the contempt proceeding was dropped and the present petition (MJC No.651 of 2021) was disposed of without further comment.

Issues considered

  • Whether the State of Bihar has willfully disobeyed the High Court order dated 3 January 2019 in CWJC No.1072 of 2016.
  • Whether the contempt proceeding initiated by the petitioners should continue in view of the compliance order dated 16 October 2020.

Subjects

  • contempt of court
  • compliance of judicial order
  • promotion
  • civil writ jurisdiction
  • administrative law
  • high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.651 of 2021
                                          In
                   Civil Writ Jurisdiction Case No.1072 of 2016
     ======================================================
1.    Keshav Prasad S/o Sri Chhotoo Prasad R/o Kaswan P.S. Nehalpur Dist-
      Jahanabad Presentlly Posted as Programme Offi at D.E.O. Office Bhojpur at
      Aara.
2.   Ranvijay Kumar Singh S/o Sri Rajbali Sir R/o Vill. and P.S. Tarari Dist.-
     Bhojpur Presently Posted as Programme Officer D.E.O. Office Jehanabad.
3.   Anil Kuamr Dwivedi S/o Late Laljee Dwivedi R/o Vill. Aruan P.S.-
     Bhagwanpur Hat Dist. Siwan Presently Posted Programme Officer At
     R.D.D.E. office Saran at Chapra.
4.   Omprakash Singh S/o Sri Bachan Singh R/o Govind Tola P.S. Piro Dist.
     Rohtash Presently Posted as Programme Officer D.E.O. Office Jehanabad.
5.   Arinjay Kumar S/o Sri Ramesh Chandra Sir R/o Mohalla-Rajendra Nagar,
     Road No.-13 B, Patna-6, P.S.-New Baha Pur, Dist. Patna . Presently Posted
     as Programme Officer at D.E.O. Office Buxar.
6.   Upendra Kumar Singh S/o Sri Arjun Singh R/o Vill. Sarbahdi P.S. Mashauri,
     Dist. Patna. Presently Posted as Programme Officer at D.E.O. Office
     Jehanabad.
7.   Dilip Kumar Singh S/o Late Ram Balak Singh R/o Mohalla Hakimganj P.S.
     Mehdiganj Dist.-Patna, Presently Posted as Programme Officer at D.E.O.
     Office Saran at Chapra.
8.   Pradeep Kumar S/o Bishwanath Singh R/o Vill. Barki Kharari P.S. Karahgar
     Dist. Rohtash Presently Posted as Programme Officer at D.E.O. Office at
     D.E.O. Office Bhojpur at Aara
9.   Dineshwar Mishra Son of Sri Bhola Mishra R/o-Vill-Buxar, P.S.-Buxar,
     District-Buxar. Presently Posted as Programme Officer at D.E.O. Office
     Bhojpur at Aara.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar thorugh the Principal Secretary, Sri R.K. Mahajan,
     Education Department, Bihar, Patna.
2.   The Director, Primary Education, Sri Arbind Kumar, Education Department.
     Bihar, Patna.
3.   The Director (Administration) Cum-Additional Secretary, Sri Sushil Kumar,
     Education Department Bihar, Patna.
4.   The Joint Secretary Sita Choudhary, Geenral Administration Department,
     Bihar, Patna.
5.   The Director, Sri Binod Singh State Council of Education Research and
     Training, Bihar, Patna.

                                            ... ... Opposite Party/s
     ======================================================
         Patna High Court MJC No.651 of 2021(3) dt.12-03-2026
                                                     2/3




                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Shankar Das, Advocate
                 For the Opposite Party/s :       Mr. Lalit Kishore, AG
                 ======================================================
                 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):

                                                “for initiation of contempt proceeding

                                   against opposite parties for willful disobedience of

                                   order direction passed by Hon'ble High Court in

                                   CWJC No. 1072 of 2016 which was disposed of on

                                   03.01.2019”

                                3. In the contempt proceeding (MJC No. 2071 of

                   2019) the following order was passed:

                                                “Heard          learned   Counsel    for   the

                                   petitioner and the learned Counsel for the State.

                                                On         16.10.2020       the      Director

                                   Administration-cum               Additional      Secretary,

                                   Department of Education, has passed an order

                                   deciding to grant benefit of promotion to the

                                   petitioners with effect from the date their juniors

                                   were promoted. That takes care of the compliance

                                   of order dated 3.1.2019 passed in CWJC No. 1072

                                   of 2016. It is further stated in the show cause that
          Patna High Court MJC No.651 of 2021(3) dt.12-03-2026
                                                        3/3




                                    certain exercise required to be undertaken before

                                    granting promotion which can only be after

                                    requisite amendment in the gradation list of Bihar

                                    Education Service, for which at least six weeks'

                                    time is required.

                                                 In view of the said stand no cause now

                                    survives      for     keeping   the   instant   contempt

                                    proceeding pending. The same is dropped.”

                                 4. Having taken note of the aforesaid fact and

                    incorporating that the contempt proceeding has been dropped,

                    without commenting further, the MJC No. 651 of 2021 stands

                    disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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