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2017 DIGILAW 1921 (JHR)

Ajit Kumar Mistry v. State of Jharkhand

2017-11-10

H.C.MISHRA

body2017
JUDGMENT : H.C. Mishra, J. This contempt application is directed against the respondents, for non-compliance of the order dated 21.7.2016 passed in W.P. (S) No. 2322 of 2015. 2. In view of the order that is going to be passed today, few factual backgrounds are necessary. 3. The petitioner was working as a voluntary worker in the Health Department in Dumka. His services were terminated by order dated 30.7.2009. The petitioner had challenged the said termination order in W.P (S) No. 5191 of 2009, which was disposed of by order dated 19.12.2014, whereby, the said termination order was quashed and the respondent authorities were given the liberty to proceed afresh in the matter and take appropriate action in accordance with law. 4. As the petitioner was not being allowed to join even thereafter, he gave his representation again, which was rejected by order dated 29.4.2015, compelling the petitioner to again approach this Court in W.P (S) No. 2322 of 2015. This writ application was allowed by this Court, noticing the fact that after quashing of the termination order of the petitioner, no fresh order of termination had been passed. Accordingly, this Court was left with no option but to quash the impugned order dated 29.4.2015 passed by the Director-in-Chief, Health Services, and directed the respondent authorities to allow the petitioner to continue in service with all pecuniary benefits until the services of the petitioner was terminated in accordance with law, in view of the direction given in W.P (S) No. 5191 of 2009. As the said order was also not complied with, the petitioner had to file the present contempt application. 5. This contempt application was taken up on 5.5.2017. On that date the Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, and Civil Surgeon-cum-Chief Medical Officer, Deoghar, opposite party Nos. 2 and 3 respectively, were present in the Court in connection with another case. They assured this Court that the order passed by this Court in W.P. (S) No. 2322 of 2015 shall be complied with within a period of one month. The matter was accordingly, adjourned on their assurances. 6. 2 and 3 respectively, were present in the Court in connection with another case. They assured this Court that the order passed by this Court in W.P. (S) No. 2322 of 2015 shall be complied with within a period of one month. The matter was accordingly, adjourned on their assurances. 6. Again after some adjournments the matter was taken up on 25.8.2017, on which date, learned counsel for the State submitted that the order has been complied with, and drew the attention of this Court towards the show-cause filed on behalf of the O.Ps., in which it was stated as follows : "11. That I say that vide memo No. Swa. Ni.Vi.Ko.058/2017-1590 (Vi.Ko.) dated 23.08.2017 issued under the signature of Director-in-Chief, Department of Health and Family Welfare, Government of Jharkhand, Ranchi, had passed the reasoned order. 'It was directed that the petitioner had not worked from 30.07.2009 (date of termination of services) to 27.07.2016. It was further observed that during the said period, the petitioner had not worked and the said period was treated as "no work no pay". The said period was not regularized and the said period would only be treated for calculation of retiral benefit." Thus the show-cause was filed, stating that since the petitioner's joining had been accepted only with effect from 28.7.2016, the petitioner's pecuniary benefits had been allowed only with effect from that date and the earlier period was treated as 'no work no pay'. 7. By order dated 25.08.2017, it was clarified by this Court that the attitude of the respondent Director-in-Chief, Health Services was not acceptable at all. The petitioner had not worked for the period after the termination of service, which was quashed by this Court, for no fault of the petitioner, rather for the wrong order passed by the respondent authorities, which was eventually quashed by this Court and even thereafter the joining of the petitioner was not being accepted, only due to the callous attitude of the respondent authorities, for which the petitioner was not at all responsible. Accordingly, this Court found that the show-cause filed by the Director-in-Chief, Health Services, was yet another example of the flagrant disregard of the orders passed by this Court. The Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, was accordingly, directed to be present in the Court to explain his conduct. 8. Accordingly, this Court found that the show-cause filed by the Director-in-Chief, Health Services, was yet another example of the flagrant disregard of the orders passed by this Court. The Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, was accordingly, directed to be present in the Court to explain his conduct. 8. Today, the Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, is present in person. Learned counsel for the State informed the Court that against the order dated 25.8.2017 passed by this Court in the present contempt application, they have already filed a Letters Patent Appeal. It is also submitted that they have recently filed another Letters Patent Appeal also, against the order dated 21.7.2016 passed by this Court in W.P. (S) No. 2322 of 2015. 9. It may be stated that the order dated 21.7.2016 passed by this Court in W.P. (S) No. 2322 of 2015 was never challenged by the State Government and only when, the aforesaid orders were passed in this present contempt petition, this order has been challenged by the respondent-State in the Letters Patent Appeal. Obviously, the Letters Patent Appeal has been filed after an inordinate delay and much after the expiry of the period' of limitation. 10. Be that as it may, there is no stay order till today by the Division Bench of this Court against the order dated 21.7.2016 in W.P. (S) No. 2322 of 2015, or against the order dated 25.8.2017, passed by the Court in this contempt application. 11. The position now is that, on one hand on 5.5.2017 the Director-in-Chief, Health Services, who was present in the Court in person, assured the Court that the order dated 21. 7.20 16 passed in W.P. (S) No. 2322 of 2015 shall be complied with. On 25.8.2017 it was submitted that the order has been complied with, and today this Court is being informed that the Letters Patent Appeal has been filed against the said order. 12. In the backdrop of the aforesaid facts, it is hereby, directed that the respondent No.2, the Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, shall not draw his salary till the order dated 21.7.2016 passed in W.P. (S) No. 2322 of 2015 is complied with in totality. This however, shall be subject to any adverse order or any stay order that may be passed in the Letters Patent Appeals by the Division Bench of this Court. 13. This however, shall be subject to any adverse order or any stay order that may be passed in the Letters Patent Appeals by the Division Bench of this Court. 13. Let a copy of this order be sent to the Treasury Officer of the concerned Treasury, from which the Director-in-Chief, Health Services, Government of Jharkhand, Ranchi, is withdrawing his salary. 14. Put up this matter after the disposal of the Letters Patent Appeals.