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Patna High Court

Prem Shankar SinghversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt application was disposed of as the respondent had complied with the court’s earlier order.

Summary

The petitioner, Prem Shankar Singh, sought contempt proceedings against the Superintendent of Police, Sitamarhi, alleging willful disrespect and deliberate disobedience of a 2017 High Court order that reinstated him and directed payment of his salary. The respondent filed a show‑cause memorandum stating that the reinstatement had been effected and the salary arrears had been paid as per the court’s earlier memo dated 09‑09‑2017. The court observed that any remaining grievance could be pursued through a regular application rather than a contempt petition. Consequently, the contempt application was dismissed. The order underscores that compliance with a court directive, once verified, negates the basis for contempt proceedings.

Issues considered

  • Whether the Superintendent of Police’s actions constitute contempt of the High Court’s order dated 18‑08‑2017.
  • Whether the petitioner is entitled to maintain a contempt proceeding despite the alleged compliance.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • police officer compliance
  • reinstatement
  • salary arrears
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.949 of 2021
                                                        In
                                Civil Writ Jurisdiction Case No.20480 of 2013
                 ======================================================
                 Prem Shankar Singh son of Jamadar Singh Resident Of Village- Jaunapur,
                 Police Station- Patori, District- Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar, Bihar.
           2.    Shri S.K. Singhal, Director General of Police, Bihar, Patna.
           3.    Shri Ganesh Kumar, Inspector General of Police, Muzaffarpur Zone,
                 Muzaffarpur.
           4.    Shri Ganesh Kumar, Deputy Inspector General of Police, Tirhut Range,
                 Muzaffarpur.
           5.    Shri Anil Kumar, Superintendent of Police, Sitamarhi.
           6.    Shri Pramod Kumar, Sub-Divisional Police Officer-cum-conducting officer,
                 Pupri, District- Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Amrit Abhijat, Advocate
                                               Mr. Upendra Yadav, Advocate
                 For the Opposite Party/s :    Mr. Prabhat Kumar Verma (Aag 3)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-03-2026                   Heard the parties.

                                 2. The present matter has been preferred for:

                                                                “for     initiation     of
                                                      contempt     proceeding      against
                                                      Contemnor/the Opposite Party No.
                                                      5, the Superintendent of Police,
                                                      Sitamarhi for his willful disrespect
                                                      and deliberate disobedience and
                                                      non compliance of the order dated
                                                      18.08.2017 passed by Hon'ble Mr.
                                                      Justice Vikash Jain in C.W.J.C. No.
                                                      20480/2013.”
             Patna High Court MJC No.949 of 2021(3) dt.11-03-2026
                                                         2/2




                                    3. The show cause on behalf of Opposite Party No. 5

                       is on record, according to which, the Superintendent of Police,

                       Sitamarhi following the order passed by the Patna High Court

                       vide Memo No. 3372 dated 09.09.2017, reinstated the petitioner

                       and further paragraph 6 shows that the salary of the petitioner

                       from March, 2012 to August, 2017 has already been paid vide

                       Bill No. 408/19/19.

                                    4. If the petitioner has still any grievance, he can very

                       well agitate the matter by filing an appropriate application.

                                    5. The contempt application stands disposed of with

                       the aforesaid observation.



                                                      (Rajiv Roy, J)
atul/-

U        T


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