Mr. Saurav Arun vs Unknown
2021 Latest Caselaw 4095 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cont. Case (Civil) No. 313 of 2018
     Ashok Kumar Singh & anr.     Vrs.         The State of Jharkhand & ors.
                                  With
                      Cont. Case (Civil) No. 631 of 2018
     Rakesh Ranjan & Ors.         Vrs.         The State of Jharkhand & ors.
                                  With
                      Cont. Case (Civil) No. 665 of 2021
     Prem Nath Gupta              Vrs.         The State of Jharkhand & ors.
                                  With
                      Cont. Case (Civil) No. 670 of 2021
     Sita Ram Mochi               Vrs.         The State of Jharkhand & ors.

                               .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Saurav Arun, Advocate For the O.P.s : Mr. Jayant Franklin Toppo, S.C.( L&C)-III : Ms. Shivani Kapoor, A.C. to S.C.-II

10 /29.10.2021 Let Cont. Case (Civil) No. 665 of 2021 and Cont. Case (Civil) No. 670 of 2021, both on board today be tagged along with the instant contempt petitions as according to learned counsel for the petitioners they have been decided by the common judgment under offence. These matters relate to grant of time bound promotion and quashing of the order of recovery.

In the present two contempt petitions i.e., Cont. Case (Civil) No. 313 of 2018 and Cont. Case (Civil) No. 631 of 2018 a supplementary show cause has been filed by the opposite party no.2 Secretary, Rural Works Department, Government of Jharkhand, which indicates that a civil miscellaneous petition being C.M.P. No. 118 of 2021 has been filed for restoration of L.P.A. No. 380 of 2018, which was dismissed for default and the respective files of petitioners have been sent to the Finance Department, Government of Jharkhand on 20.09.2021 for necessary instructions and directions for complying the order passed in the writ petition as the matter comes within the purview of Finance Department.

As per the petitioners, these cases relate to grant of A.C.P and verification of service books. The show cause is silent as to the role of the sanctioning authority as per the A.C.P scheme and steps taken towards verification of the service book of the petitioners for that purpose. Though the order has attained finality and there is no L.P.A. pending as on date and despite last indulgence granted on 03.09.2021, the order has not been complied with.

Learned counsel for the opposite party Mr. Jayant Franklin Toppo, S.C. (L&C)-III submits that one more indulgence may be granted as by the common judgment under offence cases of petitioners and others relating to different departments have been decided together. He shall also seek instruction in respect of the two other fresh contempt cases, which have been tagged with the present cases today.

It goes without saying that the opposite parties concerned are duty bound to comply with the order under offence dated 19.01.2018 in letter and spirit without any delay since the time limit prescribed by the order under offence to complete the exercise was only 12 weeks from the date of communication of the order. They are required to purge themselves since the order has not been complied within the stipulated time.

Let the cases appear on 03.12.2021. Show cause showing compliance in all these 4 matters be filed latest by 01.12.2021.

(Aparesh Kumar Singh, J.) A.Mohanty