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2022 DIGILAW 292 (JHR)

Kamakhya Chatterjee v. State of Jharkhand

2022-03-11

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : Heard Ms. Moushmi Chatterjee, learned counsel appearing for the petitioner, Mr. P.C. Roy, learned S.C. (L&C)-I for the State and Mr. Sachin Kumar, learned counsel appearing for the O.P. Nos. 2 and 3. 2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. A show cause dated 06.10.2021 has been filed on behalf of O.P. Nos. 2 and 3, where in para-5, it has been stated hereinbelow:- “5. That it is most humbly submitted that the petitioner preferred a representation before the Managing Director, Jharkhand State Housing Board on 08.03.2021 for payment of admitted dues. (i) That it is most humbly stated that the O.P. No. 2 decided the representation of the petitioner and has passed a reasoned order, by which, it was directed to make payment of post retiral dues to the petitioner and the same has been paid as follows:- (ii) vide office order no. 130 dated 01.012.2020, leave encashment of Rs. 1,25,000/-has been paid. (iii) Provident Fund amounting to Rs. 5,50,000/-has been paid. (iv) Group Life Insurance amounting to Rs. 2297/- has been paid and also communicated to the Life Insurance office at Bistupur, Jamshedpur for the same vide letter no. 273 dated 28.02.2011. (v) Vide letter no. 272 dated 28.02.2021 Gratuity amounting to Rs. 2,48,365/ has been paid. (vi) Vide Board’s letter no. 95 dated 16.08.2021, arrears of salary of Rs. 8,54,158/-has been paid to the petitioner by cheque no. 995432 dated 16.08.2021. (vii) Vide Cheque no. 995433 dated 16.08.2021 Rs. 10,70,000/-has been paid.” 4. Learned counsel appearing for the petitioner submits that vide Cheque no. 995433 dated 16.08.2021 Rs. 10,70,000/-has not been paid to the petitioner. 5. On the last occasion, in view of aforesaid submission of learned counsel for the petitioner, learned counsel appearing for the Jharkhand Housing Board was directed to take instruction and file an affidavit. Pursuant thereto, supplementary show cause has been filed, where in para4, it has been disclosed that the said cheque, amounting to Rs. 5. On the last occasion, in view of aforesaid submission of learned counsel for the petitioner, learned counsel appearing for the Jharkhand Housing Board was directed to take instruction and file an affidavit. Pursuant thereto, supplementary show cause has been filed, where in para4, it has been disclosed that the said cheque, amounting to Rs. 10,70,000/- was transferred in the account of Housing Board, Dhanbad Division for making payment of remaining dues to the petitioner and for that unconditional apology has been prayed in the said supplementary show cause. 6. The petitioner is not in a position to demonstrate before this Court that under what head, the amount of Rs. 10,70,000/- is due against the petitioner. 7. In view of the above facts, it appears that substantially the order of the writ Court has been complied with and if the petitioner is still aggrieved and any dues are there, he may avail the remedy under the law. 8. In view of the above, the contempt proceeding is dropped and this petition is disposed of.