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Patna High Court

Raj Kumar,versusSri. Arunish Chawala,

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents had complied with the earlier order, and therefore the contempt application was dismissed.

Summary

The petitioner filed a contempt application alleging that the respondents had not complied with the High Court's order dated 20‑12‑2022 in Letters Patent Appeal No.1 of 2022, which directed the calculation of arrears of pay up to 27‑11‑2019 and payment within two months. The Division Bench had previously ordered the respondents to make this payment. The petitioner submitted that the respondents had already complied with the directions. After reviewing the materials, the Court found that the respondents had indeed complied with the order and therefore no further action was necessary. Consequently, the contempt application was disposed of, and any pending applications were also ordered to stand disposed.

Issues considered

  • Did the respondents comply with the order dated 20‑12‑2022 directing calculation and payment of arrears of pay?
  • Should the contempt application be entertained or dismissed?

Subjects

  • contempt of court
  • execution of judgment
  • arrears of pay
  • civil procedure
  • letters patent appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.777 of 2023
                                        In
                        Letters Patent Appeal No.1 of 2022
     ======================================================
     Raj Kumar, S/o Anil Kumar Sahani, R/o Mohalla- Sahani Lane, Juran Chapra
     Road No-04, P.O- MIT, P.S.- Brahampura, Distt.- Muzaffarpur, Bihar. Pin
     Code- 842003

                                                                ... ... Petitioner/s
                                       Versus

1.   Sri Arunish Chawala, S/o Not Known, The State of Bihar represented
     through the Principal Secretary, Planning and Development, Bihar, Patna.
2.   Sri S. Sidharth, S/o Not Known, The Principal Secretary, Cabinet Secretariat
     Department, Bihar, Patna.
3.   Sri S. Sidharth, S/o Not Known The Secretary, Cabinet Secretariat
     Department, Bihar,Patna.
4.   Sri Vivek Kumar Singh, S/o Not Known, The Development Commissioners,
     Bihar-Cum-Chairman, Up Mission cum appellate Authority, Bihar Vikash
     Bhawan.
5.   Sri Mithlesh Mishra, S/o Not Known, The Chief General Manager, Bihar
     Vikash Mishan, Rajbanshi Nagar, Patna.
6.   Sri Chandrasekher Singh S/o Not known The District Magistrate, Patna.
7.   Sri Tanay Sultania, The Deputy Development Commissioner, Patna
8.   Sri Ajay Kumar Singh S/o Not Known, The Deputy Collector-cum-Nodal
     officer, Patna
9.   Sri Janardhan Prasad Singh, S/o Not known, The District Planning Officer,
     Patna.
10. Smt Poonam Pal, W/o Not known, The Manager, District registration and
     counselling Centre, Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr.Nishant Kumar Sinha, Advocate
                                  Mr. Arvind Kumar, Advocate
     For the Opposite Party/s :   Mr. AC to AAG 4
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE SHAILENDRA SINGH
         Patna High Court MJC No.777 of 2023(2) dt.02-04-2026
                                                     2/3




                                                  ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   02-04-2026                   Heard learned counsel for the parties.

                                2. The present contempt application has been filed

                   alleging non-compliance of the order dated 20.12.2022 passed

                   in LPA No. 1 of 2022.

                                3. The Division Bench, while disposing of the appeal,

                   had issued the following directions:-

                                   “We further find that the learned Single Judge has
                                   directed the respondents to calculate the arrears of pay
                                   of the appellant till 27.11.2019, till which date, the
                                   contract with the appellant subsisted and to disburse
                                   the same to the appellant within a period of two months.
                                   Nothing could be directed otherwise.


                                4. A show cause has been filed on behalf of the

                   Opposite Party Nos. 4 & 5.

                                5. Learned counsel for the petitioner submits that the

                   order passed by the Hon’ble Division Bench has already been

                   complied with.

                                6. In view of the aforesaid submission and upon

                   perusal of materials available on record, it appears that the

                   directions issued by the Division Bench have already been

                   complied with. Accordingly, this Court is of the view that no

                   further order is required to be passed in the present contempt
          Patna High Court MJC No.777 of 2023(2) dt.02-04-2026
                                                      3/3




                    application.

                                 7. Accordingly, the present contempt application

                    stands disposed of.

                                 8. Pending application(s), if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                              (Shailendra Singh, J)
Sujit/-

U


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