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Patna High Court

Shailendra Kumar Singh @ Shaileldar SinghversusThe State of Bihar through PrincipalSecretary, Mr. R.K. Mahajan

Decided
Disposal
DISPOSED

Holding

No contempt is made out; the contempt proceeding is dismissed.

Summary

The petitioner, Shailendra Kumar Singh, filed a contempt proceeding (MJC No. 981 of 2021) against several Bihar government officials and the SBI, alleging willful disobedience of a High Court order dated 19 September 2018 in C.W.J.C. No. 18803 of 2016, which had disposed of his writ petition after his grievance was found to be redressed. The Court examined whether the opposite parties had failed to comply with that order. It observed that the 2018 order was a small order merely disposing the writ petition and that there was no evidence of non‑compliance or contemptuous conduct. Consequently, the Court held that no contempt was made out. The contempt proceeding was therefore dismissed and the matter was disposed of.

Issues considered

  • Whether the opposite parties are guilty of contempt of court for alleged non‑compliance with the order dated 19 September 2018 in C.W.J.C. No. 18803 of 2016.

Subjects

  • contempt of court
  • high court order
  • writ jurisdiction
  • order compliance
  • civil writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.981 of 2021
                                                      In
                                Civil Writ Jurisdiction Case No.18803 of 2016
                 ======================================================
                 Shailendra Kumar Singh @ Shaileldar Singh Son of Late Umanath Singh
                 resident of Sant Nagar Gangjala, Ward no. 15 P.S. Saharsa, District Saharsa.

                                                                                  ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through PrincipalSecretary, Mr. R.K. Mahajan S/o not
                 known to the petitioner Department of Education, government of Bihar
                 Patna.
           2.    The Director Secondary Education, Mr. Kamal Kumar Sinha, s/o not known
                 to the petitioner, the Govt. of Bihar New Secretariat, Patna.
           3.    The Principal AccountantAccountant General of Bihar Mr. Dr. Nilopal
                 Goswami, R. Block Patna.
           4.    The CGM Central Pension Processing Centre S.B.I. Mr. K. Srivastava s/o
                 not known to the petitioner 1st Floor, Administrative office katchury Road
                 Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :        Mr. Neeraj Kumar, Advocate
                 For the Opposite Party/s :          Mr. Kameshwar Kumar, GP-17
                 Forthe S.B.I. (Res. No. 4) :        Mr. Sanjiv Kumar, Advocate
                 ======================================================
                 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 of

                                   Court proceeding against the Opposite Parties,

                                   conviction and award of appropriate sentence to

                                   them for the willful and deliberate disobedience of

                                   the orders and directions of this Hon'ble Court

                                   dated 19.9.2018 passed in C.W.J.C. No Mr. Justice

                                   18803        of     2016     by    Hon'ble        Ahsanuddin
             Patna High Court MJC No.981 of 2021(3) dt.11-03-2026
                                                         2/2




                                       Amanullah.”

                                    3. The contempt has been filed for compliance of the

                       order dated 19.09.2018 in C.W.J.C. No. 18803 of 2016. It would

                       be appropriate to incorporate the said order dated 19.09.2018

                       which read as follows:

                                                    “Heard          learned   counsel   for   the

                                       petitioner; State and Accountant General.

                                                    Learned counsel for the petitioner

                                       accepts that grievance of the petitioner has been

                                       redressed.

                                                    In view thereof, the writ petition stands

                                       disposed of.”

                                    4. This Court has recorded the small order of the writ

                       Court and is of the view that no contempt is made out.

                                    5. In that background, MJC No. 981 of 2021 is

                       disposed of.



                                                           (Rajiv Roy, J)
atul/-

U        T


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