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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