Ramji Prasad vs The State Of Jharkhand And Others
2021 Latest Caselaw 3959 Jhar

              IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cont.Case (Civil) No. 304 of 2021

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        Ramji Prasad                                           ..... Petitioner
                                 --   Versus       --
        The State of Jharkhand and Others                      ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Saurabh Shekhar, Advocate For the State :- Mr. Mithilesh Singh, Advocate

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5/22.10.2021 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.

By order dated 01.10.2021, the Opposite parties were directed to file the show cause within a week. On that day, this Court has restrained to issue notice under Rule 393 of the Jharkhand High Court Rules, 2001.

Today, Mr. Mithilesh Singh, the learned counsel appearing on behalf of the respondent State submits that O.P.No.4 has filed the affidavit.

This is a contempt proceeding and in light of the show cause all the Opposite parties were required to file their show cause. The order dated 01.10.2021 speaks for itself. The O.P.Nos.2 to 3 and 5 are the higher officials of the State. Inspite of the order, they have chosen not to file the affidavit. On that day, on the request of Mr. Singh, the learned State counsel, this Court restrained itself to pass the order in terms of Rule 393 of Jharkhand High Court Rules, 2001. This Court is conscious of the fact and the judgment of the Hon'ble Supreme Court so far calling of the higher officials are concerned, but they have made an extraordinary situation before this Court to pass such order.

Mr. Singh, the learned State counsel submits that by way of last indulgence, this case may be adjourned to enable him to take fresh instruction and file show cause/affidavit on behalf of the O.P.Nos.2,3 and 5.

On his such submission, this contempt proceeding is being adjourned for one week after vacation.

Post the matter one week after vacation on the assigned day.

( Sanjay Kumar Dwivedi, J) SI/