Patna High Court
Rohit Kumar TripathiversusB. Rajendra, Principal Secretary, General Administration
- Decided
- Disposal
- WITHDRAWN
Holding
The application for contempt proceedings was dismissed as withdrawn.
Summary
Petitioner Rohit Kumar Tripathi filed an application seeking initiation of contempt proceedings against the Principal Secretary, the Chairman of the Bihar Public Service Commission, and the Registrar General of Patna High Court for allegedly failing to comply with a February 7, 2025 order appointing him as a Judge‑Junior Division. The petitioner claimed the order required completion of all formalities within two weeks, which had not been done. During the hearing, the petitioner’s counsel requested permission to withdraw the contempt application. The Court, after considering the request, allowed the withdrawal and dismissed the application. No substantive adjudication on contempt was made.
Issues considered
- What is the appropriate procedure for initiating contempt proceedings against a respondent who allegedly disobeyed a High Court order?
- Can an application for contempt be withdrawn by the petitioner, and what is the effect of such withdrawal?
Subjects
- contempt of court
- appointment
- judicial order
- withdrawal of application
- high court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.923 of 2025
In
Civil Writ Jurisdiction Case No.17590 of 2023
======================================================
Rohit Kumar Tripathi, S/o Vimal Kumar Tripathi, Resident of Quarter No.- B-
5/15, I.G.I.M.S Campus, Sheikhpura, P.S. - Shastri Nagar, District - Patna.
... ... Petitioner/s
Versus
1. B. Rajendra, Principal Secretary, General Administration Government of
Bihar.
2. Parmar Ravi Manubhai, Chairman, Bihar Public Service Commission, Patna.
3. Pradeep Kumar Malik, The Ld. Registrar General, Patna High Court.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vishwajeet Kumar Mishra, Advocate
For the State : AC to GA-11
For the B.P.S.C. : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
3 13-02-2026 The petitioner has filed the instant application for the
following relief :-
“That this application is being filed
for initiation of a contempt proceeding against
the concerned Respondent who deliberately,
intentionally and willingly disobeyed the order
dated 07.02.2025 passed by Hon’ble Mr. Justice
Ashutosh Kumar, Acting Chief Justice and
Hon’ble Mr. Justice Partha Sarthy in C.W.J.C
Case No.17590 of 2023 wherein and whereby
this Hon’ble Court was pleased to direct
appointment of the Petitioner to the post of Civil
Patna High Court MJC No.923 of 2025(3) dt.13-02-2026
2/2
Judge-Junior Division. To date, the Petitioner
has not been appointed which is in complete
violation of the Order directing that the all the
sequel Order and formalities be completed
within a period of fortnight.”
2. Learned counsel for the petitioner seeks permission
to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
(Rajiv Roy, J)
avinash/-
U
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