Deepak Kumar, Son of Late Gopal Prasad v. State of Jharkhand
2025-01-03
SANJAY PRASAD
body2025
DigiLaw.ai
JUDGMENT : SANJAY PRASAD, J. Pursuant to the order dated 02.12.2024, the Opposite party no. 2, Mr. Uma Shankar Singh, In-charge Secretary, School Education and Literacy Department, Government of Jharkhand, the Opposite party no. 3, Mr. Aditya Ranjan, Director, Secondary Education, Human Resource Development Department, Jharkhand and Sri Vinay Kumar, DEO, Ranchi are present before this Court. 2. A show cause has been filed on behalf of the opposite parties in Contempt Case (Civil) No. 861 of 2024. 3. Mr. Rajendra Krishna, learned counsel for the petitioners is present in both the contempt cases. Mr. Rajiv Ranjan, learned Advocate General has appeared on behalf of the State assisted by Mr. Ashok Kumar Yadav, learned Sr. SC-I and Mr. Jayant Franklin Toppo, learned GA-V in both the contempt cases. 4. Learned Advocate General has submitted that though show cause has been only in Contempt Case (Civil) No. 861 of 2024, but due to inadvertence the show cause could not be filed in the another case i.e. Contempt Case (Civil) No. 874 of 2024 today. However, the averments made in para-6 to 8 of this show cause, may be treated in both the contempt cases and another show cause will also be filed in Contempt Case (Civil) No. 874 of 2024. 5. Learned Advocate General has further submitted that they have preferred LPA No. 628 of 2024 and in LPA No. 608 of 2024 by challenging the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 before the Hon’ble Division Bench of this Court and the Hon’ble Division Bench vide order dated 13.12.2024 has issued the notices to both the writ petitioners by fixing the date on 31.01.2025. The learned Advocate General has prayed for twelve weeks’for compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016. It is further submitted that compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 is under process and post of the petitioners is likely to be approved by the Competent Authority, which may be subject to the outcome of LPA filed before this High Court.
Learned Advocate General has further submitted that in the meantime para-22 of the order dated 02.12.2024 passed by this Court may be modified and the salaries of the Secretary, School Education and Literacy Department, Government of Jharkhand and the Director, Secondary Education, Government of Jharkhand may be released. 6. Learned counsel for the petitioners in both the contempt cases i.e. Contempt Case (Civil) No. 861 of 2024 and Contempt Case (Civil) No. 874 of 2024 has opposed the prayer of the respondent-State. 7. Having heard learned counsel for both the sides and from going through the averments made at para-6, 7 and 8 of the show cause filed today i.e. on 03.01.2025 in Contempt Case (Civil) No. 861 of 2024, this Court is of the view that four weeks’ time may be proper for compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 as the learned Advocate General in presence of the Officers has shown willingness to comply with the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 and it will be desirable that the matter may be heard on 05.02.2025. 8. In the meantime, it is expected that the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 may be complied with. 9. Considering the submission of the learned Advocate General, para-22 of the order dated 02.12.2024 passed by this Court is modified to the extent that the O. P. No. 2, the Secretary, School Education and Literacy Department, Government of Jharkhand and the O. P. No. 3, the Director, Secondary Education, Government of Jharkhand are permitted to draw their salaries till further order of this Court. 10. Put up this case on 05.02.2025. 11. Let a copy of this order be handed over to the learned counsel for the State.