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Patna High Court

Punita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the order dated 10 May 2023 was fully complied with, and therefore the contempt application stands disposed.

Summary

Petitioners Punita Kumari and Yogita Singh filed a contempt application alleging that the State of Bihar had not complied with the High Court's order dated 10 May 2023 in Letters Patent Appeal No.1067/2019, which directed their reinstatement as Lady Supervisors. The State responded with a show‑cause statement indicating that the District Level Selection Committee had unanimously decided to reinstate the petitioners on 29 June 2024, that an order memo dated 3 July 2024 directed them to join, and that they reported for joining on 5 July 2024. The Court examined these statements and concluded that the order of 10 May 2023 had been fully complied with. Consequently, the Court found no ground to continue the contempt proceedings. The contempt application was therefore disposed of, and any pending applications were also ordered to stand disposed.

Issues considered

  • Whether the order dated 10 May 2023 in LPA No.1067/2019 has been complied with by the respondents.
  • Whether the contempt application filed by the petitioners should be dismissed on the ground of compliance.

Subjects

  • contempt of court
  • order compliance
  • reinstatement
  • contractual appointment
  • ICDS
  • High Court
  • Letters Patent Appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.797 of 2024
                                                     In
                                   Letters Patent Appeal No.1067 of 2019
                 ======================================================
           1.     Punita Kumari Wife of Sanjay Kumar Resident of C/o- Pro Mani Shankar
                  Prasad, Mohalla- Gajadhar Ganj, Collecteriate Road, P.S.- Town Buxar,
                  District- Buxar.
           2.    Yogita Singh Daughter of Sri Ramjee Singh Resident of Mohalla- Civil
                 Line, Ward No. 17, near Jai Ram Atta Mill, P.S.- Town Buxar, District-
                 Buxar.

                                                                              ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Mr. Prem Singh Meena, the Principal Secretary,
                 Social Welfare, Government of Bihar, Patna.
           2.    Mr. Prem Singh Meena, The Principal Secretary, Social Welfare,
                 Government of Bihar, Patna.
           3.    Mr. Kaushal Kishore, The Director, I.C.D.S., Bihar, Patna.
           4.    Mr. Kumar Ravi, The Divisional Commissioner, Patna.
           5.    Mr. Anshul Agrawal, The District Magistrate, Buxar.
           6.    Mrs. Ranjana Kumari, The District Programme Officer, I.C.D.S., Buxar.
           7.    Bindu Kumari (Complainant) Wife of Sunil Kumar Keshri Resident of
                 Station Road, Infront of D.A.V. School, P.O.- Gajadharganj, P.S.- Buxar
                 (Town), District- Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sudhir Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Gyan Prakash Ojha, GA-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   27-04-2026                    Heard learned counsel appearing for the parties.

                                2. The present application has been preferred alleging

                   non-compliance of the order dated 10.05.2023 passed in L.P.A.

                   No. 1067 of 2019, wherein the following observations and
Patna High Court MJC No.797 of 2024(4) dt.27-04-2026
                                            2/3




          directions were made by a Coordinate Bench of this Court:-

                                               “Learned senior counsel appearing for
                                  the appellants submitted that in the LPA there was a
                                  stay of termination and hence the appellants herein
                                  were continued. Definitely, the benefit of the
                                  judgment of the coordinate Bench has to go to the
                                  appellants also. In such circumstances, we find no
                                  reason to sustain the order of the learned Single
                                  Judge which was prior to the judgment of the
                                  coordinate Bench now placed before us in L.P.A. No.
                                  770 of 2019. In such circumstances, we follow the
                                  aforesaid judgment and grant the same relief to the
                                  appellants but, however, make it clear that the
                                  qualifications and eligibility of the appellants will
                                  be verified and if at all the respondent authorities
                                  want to make regular appointment then necessarily
                                  the contractual appointees will have to give way.
                                               The writ appeal stands allowed with the
                                  above reservation.”


                       3. A show cause has been filed on behalf of O.P. No. 5

          & 6, wherein following statements have been made:-

                                               “5. That in compliance of the order
                                  dated 10.05.2023 passed in LPA No.-1067/2019 and
                                  the order dated 08.08.2023 this deponent made
                                  District Level Selection committee in which all the
                                  members of the committee unianimously decided to
                                  reinstate the petitioners at the post of Lady
                                  Supervisor on 29.06.2024.
                                               6. That in pursuance of the decision
                                  taken by the District Level Selection Committee
                                  dated 29.06.2024 the deponent no.-06 the District
                                  Programme Officer (ICDS), Buxar vide his office
           Patna High Court MJC No.797 of 2024(4) dt.27-04-2026
                                                       3/3




                                             order memo no.-461/DPO (ICDS) dated 03.07.2024
                                             directed the petitioner to submit their joining in the
                                             office of the deponent.
                                                          7. That in pursuance of the order both
                                             the petitioner submitted her joining on 05.07.2024
                                             in the office of the District Programme Officer
                                             (ICDS), Buxar.
                                                          8. That the order dated 10.05.2023 of
                                             the Hon’ble High Court is fully complied with.”


                                  4. Upon perusal of the aforesaid statement, it is

                     apparent that the order passed by the writ court has been

                     complied with.

                                  5. In view of the aforesaid, this Court is of the view

                     that no further order is required to be passed in the present

                     contempt application.

                                  6. Accordingly, the present contempt application

                     stands disposed of.

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

                     disposed of.



                                                 (Sudhir Singh, J)


                                               (Shailendra Singh, J)
Sachin/-

U


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