Patna High Court
Milan Prasad ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that the order dated 31‑Oct‑2023 was fully complied with, and therefore the contempt proceeding was unwarranted.
Summary
The petitioner, Milan Prasad Thakur, filed a Miscellaneous Jurisdiction petition alleging that the State of Bihar and the Indira Gandhi Institute of Medical Sciences had not fully complied with the High Court's order dated 31 October 2023, which directed his reinstatement from 22 April 2009 and payment of benefits pending regularisation. The petitioner submitted a show‑cause notice and a supplementary show‑cause stating only partial compliance, while the respondents contended that the order had been fully complied with. The Court examined the supplementary show‑cause annexure, which contained an office order confirming the petitioner’s reinstatement and benefits, subject to the pending LPA No. 1463/2023. Finding that the order of 31 October 2023 had indeed been fully complied with and that the pending LPA did not affect compliance, the Court held there was no ground for contempt. Consequently, the contempt proceeding was dropped and the petition dismissed.
Issues considered
- Whether the order dated 31‑Oct‑2023 in CWJC No. 1719/2018 was fully complied with by the respondents
- Whether the petitioner was entitled to contempt proceedings for alleged non‑compliance
- Effect of the pending LPA No. 1463/2023 on the compliance of the order
Subjects
- contempt of court
- non‑compliance
- reinstatement
- service regularisation
- civil writ jurisdiction
- high court order
- pending LPA
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.782 of 2024
In
Civil Writ Jurisdiction Case No.1719 of 2018
======================================================
Milan Prasad Thakur S/o-Late Satyanarain Thakur R/o- Village- Hasanpur,
P.S.- Teghra, District- Begusarai,
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna
namely Brajesh Mehrotra
2. The Principal Secretary, Health Department, Government of Bihar, Patna
namely Pratyaya Amrit
3. The Indira Gandhi Institute of Medical Science I.G.I.M.S., Sheikhpura,
Patna, through its Director, Dr. Binde Kumar
4. The Deputy Director, Dr. Manish Mandal I.G.I.M.S., Sheikhpura, Patna.
5. The Chief Administrative Officer, Suresh Kumar Yadav, I.G.I.M.S.,
Sheikhpura, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Tiwary, Advocate
For the State : Mr. S.D. Yadav, AAG-9
Mr. Braj Bhushan Mishra, AC to AAG-9
For the IGIMS : Mr. Sunil Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
7 11-03-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the IGIMS.
2. The present MJC petition has been filed for non-
compliance with the order dated 31.10.2023, passed in Cr. Misc.
No. 1719 of 2018.
3. Learned counsel for the petitioner submits that, in
this regard, a show-cause and a supplementary show-cause have
been filed. He further submits that in the show-cause the said
order has not been complied with, but in the supplementary
Patna High Court MJC No.782 of 2024(7) dt.11-03-2026
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show-cause the order passed by this Court has been complied
with partially. He further submits that vide Annexure-B of the
supplementary show-cause, an office order contained in Memo
No. 5911, dated 10.11.2025, has been filed in which the services
of the petitioner have been accepted with effect from
22.04.2009, and it was directed to make payment with effect
from 22.04.2009, as well as other service benefits have been
granted, subject to the decision of L.P.A. No. 1463 of 2023. He
further submits that the petitioner has been in service since
14.04.1986, but his services have not been regularized from the
said date, therefore, according to him, the order has not been
complied with.
4. Learned counsel for the IGIMS submits that this
Hon’ble Court, in paragraph 12 as well as in paragraph 13 of its
order, categorically observed that the petitioner is to be
reinstated with effect from 22.04.2009 and allowed to continue
till an appropriate order for regularization is passed. Therefore,
according to him, there is full compliance of the order.
5. In light of the submissions made above, particularly
upon perusal of Annexure-B which is attached to the
supplementary show-cause, the operative part of the same is as
follows:-
Patna High Court MJC No.782 of 2024(7) dt.11-03-2026
3/4
"माननीय उचच नयायालय, पटना
दारा CWJC No. 1719/2018 (Milan Prasad
Thakur vs The State of Bihar & ors) मे ददनांक
31.10.2023 को पादरत आदे श के अनु पालन मे
पूरर दनररत कायारलय आदे श सं ० 433/प्रशा०
ददनांक 16.02.2013 मे आं दशक सं शोधन करते
हुए Jh दमलन izlkn ठाकुर की दनयु दकत ऑदफस
अटे डे ट, र्रेड ।। पर ददनांक 22.04.2009 के
izHkko से दनयदमत की जाती है । Jh दमलन izlkn
ठाकुर को उकत पद हे तु ददनांक 22.04.2009 के
izHkko से रे तनमान एरं अनय से रा लाभ iznku
करने की अनु मदत दी जाती है ।
माननीय उचच नयायालय, पटना दारा
CWJC No. 1719/2018 (Milan Prasad Thakur
vs The State of Bihar & ors) मे ददनांक
31.10.2023 को पादरत आदे श माननीय उचच
नयायालय मे दायर LPA No. 1463/2023 (Indira
Gandhi Institute of Medical Sciences, Patna
vs The State of Bihar) मे पादरत आदे श के
फलाफल से izkHkkfor होरा।
शे ष से रा शतर कायारलय आदे श सं ०
433/ प्रशा० ददनांक 16.02.2013 के अनु सार
पूरररत् रहे रा।"
6. It transpires to this Court that the order dated
31.10.2023 passed in CWJC No. 1719 of 2018 has been fully
complied with and there is no need for any interference due to
the reason that the L.P.A. is pending against the order under
Patna High Court MJC No.782 of 2024(7) dt.11-03-2026
4/4
contempt. Therefore, the opposite party has rightly observed in
the order that the said decision shall be subject to the decision of
L.P.A. No. 1463 of 2023.
7. In this view of the matter, the contempt proceeding
is hereby dropped, and the present MJC petition is hereby
dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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