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Jharkhand High Court · body

2009 DIGILAW 1232 (JHR)

Rakesh Kumar Awasthi v. State of Jharkhand

2009-09-02

D.N.PATEL

body2009
Order In pursuance of the order dated 1st September, 2009, the Deputy Commissioner, Sahebganj is presented before this Court by the Superintendent of Police, Sahebganj. 2. I have heard the learned Advocate General appearing on behalf of the opposite parties, who has meticulously taken this Court to the affidavit filed by the opposite parties in this case and has submitted that there is due compliance of the order passed by this court dated 4th November, 2007, pronounced on 6th December, 2007, in Contempt Case (Civil) No. 135 of 2007, as the proceeding has been initiated for filling up 31 posts of Class-IV employees, as stated in the counter affidavit. Reasons for not giving employment to the present petitioners have also been stated in the further counter affidavit filed today, which was also narrated in the earlier: affidavit, filed by the opposite parties and. therefore, it is submitted by the learned Advocate General of the State that if the petitioners are aggrieved, then it is open to the petitioners to challenge the action of the State, in accordance with law, but so far as the contempt is concerned, there is no violation of the order passed by this Court, much less, a willful disobedience by the opposite parties. 3. I have heard learned counsel for the petitioners, who has submitted that for no justifiable reasons the petitioners have been ousted from granting employment by the opposite parties, as stated in the counter affidavit. Nonetheless the action of the opposite parties may be permitted to be challenged before the appropriate forum, in accordance with law. 4. In view of these submissions and looking to the counter affidavit filed today by the opposite parties, it appears that there is due compliance of the order passed by this Court, which is at Annexure-1 to the memo of the contempt application. There is no willful disobedience of the order passed by this Court. As, directed by this Court, procedure for the appointment of the Class-IV posts is over. Of course, some more time is consumed than the time granted by this Court. Nonetheless, there is no willful disobedience of the impugned order and therefore, there is no substance iii this contempt application. Hence, it is hereby, dismissed and therefore, warrant of arrest, issued by this Court is discharged. 5. Of course, some more time is consumed than the time granted by this Court. Nonetheless, there is no willful disobedience of the impugned order and therefore, there is no substance iii this contempt application. Hence, it is hereby, dismissed and therefore, warrant of arrest, issued by this Court is discharged. 5. Whenever this Court is giving direction to the State or any party, to be complied with, within stipulated time it shall be a duty of the concerned officer of the State or of the party to' wham direction is given by the Court that al/ care must be taken:- (i) that the order should be complied with within the time limit granted by the Court; or (ii) to obtain an order for extension of time to carry out the direction given by the Court by preferring an application before the concerned Court if the time granted by the Court is not sufficient, as per the opinion of the State or as per the opinion of the party to whom direction is given by the Court; or (iii) to obtain stay order from higher forum, against the order giving direction, if in the opinion of the State or the party to wham the direction is given by the Court, the order of the Court cannot be complied with; or (iv) if the State or the party to whom direction is given by the Court, has missed step nos. (i), (ii) & (iii), at least, an affidavit should be filed in the contempt matter alongwith a separate undertaking that within what, least possible time, the order can be complied with. None of the aforesaid procedures have been followed by the Deputy Commissioner, Sahebganj and it is expected, henceforth, from the Deputy Cam missioner, Sahebganj that the aforesaid procedures shall be followed. Once the learned Advocate General of the State is appearing, perhaps, the aforesaid four steps shall be taken in all the contempt matters so that such types of warrant of arrest may be avoided by the officers and the order may be complied with, without any loss of time. 6. Once the learned Advocate General of the State is appearing, perhaps, the aforesaid four steps shall be taken in all the contempt matters so that such types of warrant of arrest may be avoided by the officers and the order may be complied with, without any loss of time. 6. I hereby direct the Chief Secretary of this State to intimate all his subordinates by issuing a circular/order to follow the aforesaid procedure of four steps to be taken in all the matters, in which direction is given by any competent court, which is required to be complied with, within stipulated time. The circular/order should be issued to all the officers subordinates to the Chief Secretary in vertical hierarchy, so that the order may be complied with and the contempt proceedings can be avoided by the State authorities. 7. Registry of this Court is directed to supply a copy of this order to the Chief Secretary of this State. 8. As the matter has been disposed of, warrant of arrest, issued by this Court, has been discharged.