Jharkhand High Court
Md. Shabbir Ahmed vs The State Of Jharkhand And Another on 7 January, 2022
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cont. Case (Civil) No. 89 of 2021
Md. Shabbir Ahmed ..... Petitioner
-- Versus --
The State of Jharkhand and Another ...... Opposite Parties
With
Cont. Case (Civil) No. 596 of 2021
Nagendra Paswan ..... Petitioner
-- Versus --
The State of Jharkhand and Another ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Saurabh Shekhar, Advocate
For the State :- Mr. Sachin Kumar, AAG-III
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9/07.01.2022 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.
A show cause has been filed whereby reasoned order has
been annexed as Annexure-D dated 14.12.2021 whereby the learned
counsel for the petitioners submits that this reasoned order is not in
consonance with the observation of this Court while disposing of the writ
petition. He submits that so far A.C.R and appraisal is concerned by the
reasoned order liability is tried to be fastened upon the petitioner
whereas this Court has already held it is not the responsibility of the
petitioner.
Learned counsel for the petitioners submits that finding with
regard to A.C.R is already there in the order and they have again
fastened the liability upon the petitioners. He relied in the case of
Promotee Telecom Engineers Forum v. Deptt. of Telecommunications,
(2008) 11 SCC 579, paragraph no.20 of the said judgment is quoted
herein below:
"20. We are not impressed at all by the contention of the
learned counsel appearing on behalf of the respondent that since the
respondent has passed the orders disposing of the representations of
the petitioners, the only way left for the petitioners was to challenge
the same by way of an independent original application before the
Tribunal. It is more than a decade that the petitioners are fighting for
their rights. Their rights had already been crystallised by various
orders passed by the Tribunals and the courts which fact is not denied
by the respondent. On the top of it, the petitioners were again
required to come before this Court by way of an interim application
being IA No. 16 and that has resulted in denial of the fruits of the
orders which were passed in their favour by the Tribunals and the
courts. Under such circumstances, to push them again to file original
application challenging the obviously erroneous orders passed by the
respondent disposing of the representations of the petitioners would
be a travesty of justice."
Mr. Saurabh Shekhar the learned counsel for the petitioners
submits that he will file an affidavit with regard to order dated
14.08.2021 which has been discussed in the reasoned order.
Three weeks' time as prayed for is allowed.
Let this matter appear after three weeks on assigned day.
Mr. Sachin Kumar, the learned AAG-II appearing on behalf of
the respondent State submits that the order has been complied with.
After affidavit of learned counsel for the petitioners the same shall be
examined.
( Sanjay Kumar Dwivedi, J)
SI/
