Milan Prasad Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.782 of 2024 In Civil Writ Jurisdiction Case No.1719 of 2018 ====================================================== Milan Prasad Thakur S/o-Late Satyanarain Thakur R/o- Village- Hasanpur, P.S.- Teghra, District- Begusarai, ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna namely Brajesh Mehrotra 2.

The Principal Secretary, Health Department, Government of Bihar, Patna namely Pratyaya Amrit 3.

The Indira Gandhi Institute of Medical Science I.G.I.M.S., Sheikhpura, Patna, through its Director, Dr. Binde Kumar 4.

The Deputy Director, Dr. Manish Mandal I.G.I.M.S., Sheikhpura, Patna. 5.

The Chief Administrative Officer, Suresh Kumar Yadav, I.G.I.M.S., Sheikhpura, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Tiwary, Advocate For the State :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 For the IGIMS :

Mr. Sunil Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the IGIMS.

2. The present MJC petition has been filed for noncompliance with the order dated 31.10.2023, passed in Cr. Misc. No. 1719 of 2018.

3. Learned counsel for the petitioner submits that, in this regard, a show-cause and a supplementary show-cause have been filed. He further submits that in the show-cause the said order has not been complied with, but in the supplementary

2/4 show-cause the order passed by this Court has been complied with partially. He further submits that vide Annexure-B of the supplementary show-cause, an office order contained in Memo No. 5911, dated 10.11.2025, has been filed in which the services of the petitioner have been accepted with effect from 22.04.2009, and it was directed to make payment with effect from 22.04.2009, as well as other service benefits have been granted, subject to the decision of L.P.A. No. 1463 of 2023. He further submits that the petitioner has been in service since 14.04.1986, but his services have not been regularized from the said date, therefore, according to him, the order has not been complied with.

4. Learned counsel for the IGIMS submits that this Hon'ble Court, in paragraph 12 as well as in paragraph 13 of its order, categorically observed that the petitioner is to be reinstated with effect from 22.04.2009 and allowed to continue till an appropriate order for regularization is passed. Therefore, according to him, there is full compliance of the order.

5. In light of the submissions made above, particularly upon perusal of Annexure-B which is attached to the supplementary show-cause, the operative part of the same is as follows:-

3/4 "

माननीय उचच नयायालय, पटना दाराCWJC No. 1719/2018 (Milan Prasad Thakur vs The State of Bihar & ors) मेददनांक 31.10.2023 कोपादरतआदेशकेअनुपालनमे पूरदनरतकायारलयआदेशसं०433/प्रशा० ददनांक16.02.2013 मेआंदशकसंशोधनकरते हुएJh दमलनizlkn ठाकुरकीदनयुदकतऑदफस अटेडेट, र्रेड।।परददनांक22.04.2009 के izHkko सेदनयदमतकीजातीहै।Jh दमलनizlkn ठाकुरकोउकतपदहेतुददनांक22.04.2009 के izHkko सेरेतनमानएरंअनयसेरालाभiznku करनेकीअनुमदतदीजातीहै। माननीयउचचनयायालय, पटनादारा CWJC No. 1719/2018 (Milan Prasad Thakur vs The State of Bihar & ors) मेददनांक 31.10.2023 कोपादरतआदेशमाननीयउचच नयायालयमेदायरLPA No. 1463/2023 (Indira Gandhi Institute of Medical Sciences, Patna vs The State of Bihar) मेपादरतआदेशके फलाफलसेizkHkkfor होरा। शेषसेराशतरकायारलयआदेशसं० 433/ प्रशा०ददनांक16.02.2013 के अनुसार पूररत्रहेरा।"

6. It transpires to this Court that the order dated 31.10.2023 passed in CWJC No. 1719 of 2018 has been fully complied with and there is no need for any interference due to the reason that the L.P.A. is pending against the order under

4/4 contempt. Therefore, the opposite party has rightly observed in the order that the said decision shall be subject to the decision of L.P.A. No. 1463 of 2023.

7. In this view of the matter, the contempt proceeding is hereby dropped, and the present MJC petition is hereby dismissed.

(Dr. Anshuman, J.) Aman Kumar/- U