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2004 DIGILAW 585 (JHR)

Bimalendra Kumar Mishra v. State Of Jharkhand

2004-06-21

M.Y.EQBAL

body2004
JUDGMENT M.Y. Eqbal, J. 1. Heard Mr. P.K. Bhowmik, learned counsel appearing for the petitioner and Mr. S.B. Gadodia, learned senior counsel appearing for the opposite parties. 2. The instant proceeding for contempt has been initiated at the instance of the petitioner for the alleged violation of the interim order dated 21.1.2004 passed in WPS No. 298 of 2004. 3. The aforementioned WPS No. 298 of 2004 was filed by the petitioner challenging the order dated 2.1.2004 whereby he had been transferred from the post of Surveyor, Bermo Mines, DVC, Bermo and posted at MTPS, DVC, Mejia. The writ petition was heard at the admission stage on 21.1.2004 and following order was passed :-- "Mr. Tapash Kabiraj, learned counsel for the respondents prays for time to seek instruction and file counter affidavit. Put up this case on 19th February, 2004. In the meantime, status quo as exists today shall be maintained." 4. In the instant contempt petition, it is alleged by the petitioner that the respondents flouted the aforesaid order passed by this Court and thereby committed contempt of Court. It is contented that petitioner was seriously ill from 2.1.2004 and was admitted in hospital for his treatment. He could know the transfer order during his ailment and rushed to Ranchi for filing writ petition. 5. Petitioners case is that by letter dated 9.1.2004 the Superintending Engineer directed not go give effect to the transfer order and inspite of the fact that the interim order was passed by this Court in presence of counsel for the opposite parties, the respondents released the petitioner by taking a decision of 14.1.2004. 6. After hearing learned counsels appearing for the parties at length and after considering the show-cause filed by the respondents-opposite parties, I am satisfied that the respondents have no flouted the order dated 21.1.2004. In my opinion, no clear case of contempt is made out by the petitioner. Hence, the contempt proceeding is dropped.