Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 680 (JHR)

Lal Babu Prasad v. State of Jharkhand

2022-06-17

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : 1. Pursuant to order dated 19.02.2021, the Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer cum Divisional Manager, Ranchi appeared in the Court on 26.03.2021. On that day, Mr. Rajiv Ranjan, the learned Advocate General submitted S.L.P. No.3386 of 2021 has been dismissed by the Hon’ble Supreme Court which was filed by the State against the L.P.A. No.264 of 2016 and after dismissal of the S.L.P., Civil Review has been preferred before the Hon’ble Supreme Court and on his request the matter was adjourned for four weeks. On 25.06.2021 on request of Mr. Sachin Kumar, the learned AAG-II the matter was adjourned for 02.07.2021 and Mr.Sachin Kumar, the learned counsel was requested to supply the number and the date of filing of civil review to the Court within a week. On 02.07.2021 the matter was adjourned as the I.A filed by the State was not on the record. On 24.09.2021 the matter was adjourned for 01.10.2021 and on 01.10.2021 a detailed order was passed which speaks for itself: “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. Reference may be made to the orders dated 26.03.2021 and 25.06.2021 which reads as under:- “26.03.2021:-Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Rajiv Ranjan, learned counsel for the State. This contempt 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. Pursuant to order dated 19.02.2021, Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer-cum-Divisional Manager, Ranchi have appeared through video conferencing. Mr. Rajiv Ranjan, learned Advocate General fairly submits that S.L.P. No.3386 of 2021 has been dismissed by the Hon’ble Supreme Court which was filed by the State against the L.P.A. No.264 of 2016. He submits that after dismissal of S.L.P., Civil Review bas been preferred before the Hon’ble Supreme Court. He submits that this matter may be taken up after four weeks for obtaining order in Civil Review. Let this matter appear on 30th April, 2021. At the request of learned Advocate General, appearance of Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. He submits that this matter may be taken up after four weeks for obtaining order in Civil Review. Let this matter appear on 30th April, 2021. At the request of learned Advocate General, appearance of Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer-cum Divisional Manager, Ranchi is dispensed with for the time being. 25.06.2021:- Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Sachin Kumar, learned counsel for the opposite parties. This Contempt 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. Reference may be made to the order dated 26.03.2021. At the request of the learned Advocate General, appearance of Principal Secretary, Department of Transport, Government of Jharkhand and District Transport Officer-cum-Divisional Manager, Ranchi was dispensed with for the time being. Today when the matter is taken up, Mr. Sachin Kumar, learned A.A.G.-II submits that this matter may kindly be taken up after four weeks. Mr. Birendra Kumar, learned counsel for the petitioner at this stage submits that though it has been submitted by the learned A.A.G.-II on 26.03.2021 civil review has been preferred against SLP but his client instructed that no civil review has been preferred before the Hon’ble Supreme Court. In that view of the matter, Mr. Sachin Kumar, learned counsel for the opposite parties is directed to take further instruction and will supply number and date of filing of the civil review to the Court within a week. Post the matter on 02.07.2021.” The aforesaid orders speak that L.P.A. No. 264 of 2016 filed by the respondents has been dismissed and thereafter S.L.P. No. 3386 of 2021 has been dismissed by the Hon’ble Supreme Court which was filed by the State against the L.P.A. No. 264 of 2016. Further it reveals that after dismissal of S.L.P., Civil Review has been preferred before the Hon’ble Supreme Court. A supplementary affidavit dated 23.08.2021 has been filed on behalf of the petitioner stating therein that Review Petition (Civil) No. 785 of 2021 arising out of S.L.P. (Civil). No. 3386 of 2021 has been dismissed, copy of the orders passed in Review Petition (Civil) No. 785 of 2021 arising out of S.L.P. (Civil). No. 3386 of 2021 has been annexed with the said affidavit. No. 3386 of 2021 has been dismissed, copy of the orders passed in Review Petition (Civil) No. 785 of 2021 arising out of S.L.P. (Civil). No. 3386 of 2021 has been annexed with the said affidavit. It appears that on 26.03.2021, at the request of learned Advocate General, appearance of Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer-cum Divisional Manager, Ranchi was dispensed with for the time being. In view of further development, the Court intends to appearance of those officers before this Court for compliance of order but Mr. Deepak Kumar Dubey, learned counsel for the opposite parties, on instruction, submits that the order will be complied by 20.10.2021. In view of such submission, those officers are not being called upon for the time being. However, if the order of this Court is not complied by 20.10.2021, both the aforesaid officers shall remain present before this Court on 22.10.2021. Post the matter on 22.10.2021. 2. On 22.10.2021 considering I.A. No.6042 of 2021 filed by the State and on submission of Mr. Sachin Kumar, the learned AAG-II further eight weeks time was allowed to comply the order and I.A was disposed of. On 07.1.2022 the Principal Secretary, Department of Transport, Government of Jharkhand and District Transport Officer cum Divisional Manager, Ranchi were present in the Court. I.A. No.26 of 2022 was filed praying therein that this contempt petition may kindly be taken up after disposal of the curative petition having Diary No.30713/2021 to comply the order dated 22.10.2021 however that I.A was rejected. The Court was proceeded on that day further, however, four weeks time was allowed to comply the order. On 11.02.2022 the matter was adjourned as the LPA was being heard and the learned counsel for the petitioner submitted before the Division Bench and he will not press the contempt since the LPA is being heard on merit. On 25.03.2022 it has been disclosed to the Court that LPA has already been dismissed and the Court observed that the State is required to comply the order in its letter and spirit and was directed to come forward with compliance of the order by way of filing supplementary show cause and the matter was posted after two weeks. 3. On 25.03.2022 it has been disclosed to the Court that LPA has already been dismissed and the Court observed that the State is required to comply the order in its letter and spirit and was directed to come forward with compliance of the order by way of filing supplementary show cause and the matter was posted after two weeks. 3. When this matter was taken up today, it has been submitted by the learned counsel for the petitioner that the order has not been complied in its letter and spirit. He fairly submits that a calculation with regard to the arrear of salary is made wherein it has been disclosed that the petitioner is entitled for a sum of Rs.15 lakhs however, a sum of Rs.6,40,000/- has been paid to the petitioner. Much indulgence has been provided as noted hereinabove and inspite of that the order has not been complied with. Earlier appearance of the Principal Secretary Department of Transport and District Transport Officer cum Divisional Manager was dispensed with by this Court twice and inspite of that the order has not been complied. In light of the above observation and indulgence provided earlier by this Court, Mr. Dubey, the learned State counsel submits that within two weeks the order will be complied with in its letter and spirit. 4. It is made clear that if the order is not complied within two weeks as submitted by Mr. Dubey, the learned counsel, O.P.Nos. 2 and 3 shall remain present in the Court in person at 10:30 a.m. 5. Let it appear for admission on 08.07.2022.