Rajeshwar Prasad vs POST BIHAR CIRCLE

1 CP 49/2025

CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
PATNA

C.P. 050/00049/2025
(IN O.A. 050/00918/2024)

Dated :- 26.10.2026

Coram: Hon’ble Mr. Justice Narendra Kr. Johari, Judicial Member

Hon’ble Mr. Kumar Rajesh Chandra, Administrative Member

In the matter of :

Rajeshwar Prasad,
Male, aged about 44 years, Son of Shivlal Sah, presently posted as part-
time contingent paid sweeper (on coolie basis), Semra SO, East
Champaran Division, Motihari, Resident of Gayatri Nagar Belbanwa,
Dist.- East Champaran- 845401.

………….Petitioner

VS.

1. Shri Anil Kumar, Chief Post Master General, Bihar Circle, Harding
Rd, Veerchand Patel Road Area, Patna, Bihar- 800001 and his
successors.
2. Shri Ashutosh Aditya, Superintendent of Post Offices, Champaran
Division, Motihari- 845401 and his successors.

3. Shri Bijay Prasad, Postmaster, Motihari HPO, Belbawana, Motihari-
845401 and his successors.
4. Shri Rajesh Kumar Singh, Sub Postmaster, Semra SO, East
Champaran Division, Motihari- 845401 and his successors.

........ Respondents

Digitally signed by Sonali Lal
DN: C=IN, O=Central Administrative Tribunal Patna
Bench Patna, OU=CAT PATNA BENCH PATNA,
PostalCode=800001, L=Patna, S=Bihar, STREET=
NIYOJAN BHAWAN 1ST TO 4TH FLOOR D BLOCK
INCOME TAX CIRCLE PATNA 800001, Phone=
a962fb1c3612fdf6f21245a2c586ae14935231f5bcc163bd0
2c5ed76d3370f40, SERIALNUMBER=
Sonali
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
33ade9e38d5aed96, [email protected], CN=
Sonali Lal
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2026.10.27 11:49:44+05'30'
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Lal

2 CP 49/2025

For The Applicant(s): Mr. Nilesh Sinha

For The Respondent(s): Mr. T. N. Thakur

O R D E R (ORAL)
Per : Kumar Rajesh Chandra, Administrative Member

1. Heard learned counsels for the petitioner and the
respondents.
2. The present Contempt Petition has been instituted alleging
non-compliance with the order dated 28.11.2024 passed by
this Tribunal in OA No. 050/00918/2024. The relevant Para 7
of the aforesaid order is being reproduced as under:
“Respondent authorities are directed to start payment to the
applicant in accordance with direction of Superintendent of
Posts. Champaran Division, Motihari. The all due payment
should be made to the applicant as part-time Contingent
Paid Sweeper within a period of 15 days from the date of
receipt of this order.”

The question for consideration is whether the materials
placed on record establish wilful disobedience of the
aforesaid order by the respondents so as to warrant the
exercise of contempt jurisdiction.

3. Learned counsel for the respondents has filed a reply as well
as a supplementary reply to the show-cause notice. It is
Digitally signed by Sonali Lal
DN: C=IN, O=Central Administrative Tribunal Patna
Bench Patna, OU=CAT PATNA BENCH PATNA,
PostalCode=800001, L=Patna, S=Bihar, STREET=
NIYOJAN BHAWAN 1ST TO 4TH FLOOR D BLOCK
INCOME TAX CIRCLE PATNA 800001, Phone=
a962fb1c3612fdf6f21245a2c586ae14935231f5bcc163bd0
2c5ed76d3370f40, SERIALNUMBER=
Sonali
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
33ade9e38d5aed96, [email protected], CN=
Sonali Lal
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2026.10.27 11:49:44+05'30'
Foxit PDF Reader Version: 2025.2.0
Lal

3 CP 49/2025

submitted that the directions issued by this Tribunal have
been complied with and that the payment in question was
offered to the petitioner pursuant to the said order. In support
of this submission, learned counsel has drawn our attention
to Annexures R/4 and R/5 appended to the reply, as well as
the communication vide Annexure R/6 dated 29.01.2025
issued to the petitioner in connection with the payment.
According to the respondents, the petitioner declined to
accept the amount offered.

4. Learned counsel for the petitioner has averred that he is not
being paid as per the order of the Tribunal as part time
contingent paid sweeper and that is the reason for refusal to
accept the payment. But he has not submitted the reason to
the respondents despite clear mention in Annexure R/6 to
specify the reasons for not accepting the payment. Learned
counsel for the respondents have referred to the very subject
recorded in Annexure R/4 that reads as coolie charge
(Safaiwala) emphasising that it is as per their bona fide
understanding of the order of the Tribunal.

5. The jurisdiction to punish for civil contempt requires wilful
disobedience of a judgment, decree, direction, order, writ or
other process of a court. This means that the action or failure
to act must be intentional, conscious, and deliberate rather
than accidental, casual, or due to a bona fide understanding of
Digitally signed by Sonali Lal
DN: C=IN, O=Central Administrative Tribunal Patna
Bench Patna, OU=CAT PATNA BENCH PATNA,
PostalCode=800001, L=Patna, S=Bihar, STREET=
NIYOJAN BHAWAN 1ST TO 4TH FLOOR D BLOCK
INCOME TAX CIRCLE PATNA 800001, Phone=
a962fb1c3612fdf6f21245a2c586ae14935231f5bcc163bd0
2c5ed76d3370f40, SERIALNUMBER=
Sonali
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
33ade9e38d5aed96, [email protected], CN=
Sonali Lal
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2026.10.27 11:49:44+05'30'
Foxit PDF Reader Version: 2025.2.0
Lal

4 CP 49/2025

the order without the requisite element of wilfulness. It is the
settled law that contempt jurisdiction must be exercised with
caution and that deliberate and conscious disobedience,
rather than mere non-compliance, must be established.

6. It is equally well settled that the scope of contempt
proceedings is confined to examining compliance with the
directions actually issued in the original order. The Tribunal
cannot, in contempt jurisdiction, reopen the original
adjudication or enlarge the scope of the directions contained
therein.
7. Applying the aforesaid principles to the facts of the present
case, we have considered the submissions advanced on behalf
of the parties and the materials placed on record. The
documents relied upon by the respondents indicate that the
payment contemplated pursuant to the order dated
28.11.2024 was offered to the petitioner and that a
communication dated 29.01.2025 was issued in that
connection. The respondents maintain that the petitioner
declined to receive the payment.

8. On the materials presently available, and in the absence of
sufficient material establishing that the offer was illusory or
that the respondents deliberately withheld the payment
despite the petitioner being willing to receive it, we are unable
to conclude that the respondents have acted with the wilful
Digitally signed by Sonali Lal
DN: C=IN, O=Central Administrative Tribunal Patna
Bench Patna, OU=CAT PATNA BENCH PATNA,
PostalCode=800001, L=Patna, S=Bihar, STREET=
NIYOJAN BHAWAN 1ST TO 4TH FLOOR D BLOCK
INCOME TAX CIRCLE PATNA 800001, Phone=
a962fb1c3612fdf6f21245a2c586ae14935231f5bcc163bd0
2c5ed76d3370f40, SERIALNUMBER=
Sonali
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
33ade9e38d5aed96, [email protected], CN=
Sonali Lal
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2026.10.27 11:49:44+05'30'
Foxit PDF Reader Version: 2025.2.0
Lal

5 CP 49/2025

and contumacious intent necessary to sustain a finding of civil
contempt.
9. We clarify that the present finding is confined to the question
of contempt. The Tribunal is not called upon in these
proceedings to adjudicate any independent dispute
concerning the petitioner's entitlement or the computation of
any amount beyond the directions contained in the original
order.
10.
In view of the aforesaid discussion, no sufficient ground is
made out for continuing the contempt proceedings or for
initiating punitive action against the respondents.

11. Accordingly, the Contempt Petition is dropped.
12. Notices stand discharged.
13. No order as to costs.

Sd/- Sd/-
(Kumar Rajesh Chandra) (Justice Narendra Kr. Johari)
Administrative Member Judicial Member

sl

Digitally signed by Sonali Lal
DN: C=IN, O=Central Administrative Tribunal Patna
Bench Patna, OU=CAT PATNA BENCH PATNA,
PostalCode=800001, L=Patna, S=Bihar, STREET=
NIYOJAN BHAWAN 1ST TO 4TH FLOOR D BLOCK
INCOME TAX CIRCLE PATNA 800001, Phone=
a962fb1c3612fdf6f21245a2c586ae14935231f5bcc163bd0
2c5ed76d3370f40, SERIALNUMBER=
Sonali
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
33ade9e38d5aed96, [email protected], CN=
Sonali Lal
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2026.10.27 11:49:44+05'30'
Foxit PDF Reader Version: 2025.2.0
Lal