Krishna Kumar Dixit v. The State Of Bihar Through The Principal Secretary Mr. Pankaj Kumar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.483 of 2025 In Civil Writ Jurisdiction Case No.4881 of 2024 ====================================================== Krishna Kumar Dixit S/o Paramhansh Dixit, R/o Mohalla- Krishna Bhawan, V.I.P. Lane, P.S.- Bhagwan Bazar, Dist- Saran at Chapra- 841301. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Mr. Pankaj Kumar, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

Mr. Puskar Kumar, the Accountant General (A and E), Veer Chand Patel Path, Patna.

3.

Dr. Gajendra Kumar Singh, the Joint Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

Mr. Nityanand Prasad, the Engineer-in-Chief-cum-Special Secretary, Public Health Department Govt. of Bihar, Patna.

5.

Mr. Narayan Sankar Jha, the Superintending Engineer, Public Health Drafting and Planning Circle, No.-3, Patna.

6.

Shri Subodh Sankar, Superintending Engineer, Public Health Engineering Circle, Chapra.

7.

Shri Alok Kumar, the Executive Engineer, Public Health Division, Chapra. 8.

Dr. Sanjay Kumar, the District Provident Fund Officer, Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv.

For the Opposite Party/s :

Mr. Rakesh Kumar Ranjan, AC to GA-5 For the AG, Bihar :

Mr. Ram Kinker Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-08-2025 Heard the parties.

2. The present application has been filed for initiation of a contempt proceeding against the opposite parties for their willful and deliberate disobedience of the order of this Court dated 28.11.2024 passed in C.W.J.C. No. 4881 of 2024.

3. While disposing off the afore-noted writ petition,

Patna High Court MJC No.483 of 2025(7) dt.08-08-2025 2/3 this Court having taken note of the fact that the departmental proceeding was culminated into punishment on 05.10.2023 and the same was questioned by filing a writ petition bearing C.W.J.C. No.17066 of 2023, had directed the respondents no.5 to 7 to extend all the remaining pre and post retiral benefit to the petitioner, except the benefit which is the subject matter of the punishment order and shall be abide by the final outcome of the writ petition, preferred by the petitioner, afore-noted.

4. Show-cause affidavit as well as supplementary show-cause affidavit have been filed on behalf of the O.P. Nos.1, 3 to 7 with an averment that in compliance with the order of this Court, all the admissible due amount has been paid to the petitioner.

5. The contention of the concerned opposite parties has been refuted by the learned Advocate for the petitioner by filing reply to the show-cause affidavit/supplementary showcause affidavit and submission has been made that despite the fact that the amount of leave encashment is not the subject matter of punishment, they have withheld the same, apart from 10% Gratuity and pension. He further submitted that for the ends of justice, if the contempt matter shall be taken up after disposal of the afore-noted C.W.J.C. No.17066 of 2023, there is

Patna High Court MJC No.483 of 2025(7) dt.08-08-2025 3/3 every chance that the petitioner would get justice.

6. Having considered the submissions and the averments made in the show-cause affidavit as well as supplementary show-cause affidavit, this Court does not find any reason or occasion to continue with the present contempt petition. Accordingly, the same stands closed.

7. However, it is made clear that the petitioner shall be at liberty to raise grievance of his remaining due amount of retiral benefit(s) and other dues before the authorities concerned and/or the Court where the matter is pending, if the order of punishment is set aside.

(Harish Kumar, J) rohit/- U