The State Of Jharkhand & Others vs Ved Prakash Singh & Others
2023 Latest Caselaw 639 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Letters Patent Appellate Jurisdiction)
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LPA No. 592 of 2022

The State of Jharkhand & others ... ... Appellants Versus Ved Prakash Singh & others .... ... Respondents With LPA No. 365 of 2022 Abhishek Kumar ... ... Appellant Versus Ved Prakash Singh & others .... ... Respondents

CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellants : Mr. Ajit Kumar, Sr. Advocate;

Ms. Tanya Singh, Advocate [In LPA No. 365 of 2022.] For the State Election Commission : Mr. Sumeet Gadodia, Advocate;

Mrs. Aanya, Advocate For the Respondent No.1 : Mr. Krishna Murari, Advocate;

Mr. Raj Vardhan, Advocate [In LPA No. 592 of 2022] For the State : Mr. Piyush Chitresh, AC to AG [In LPA No. 365 of 2022]

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th Order No. 06/Dated: 7 February 2023 Ms. Tanya Singh, the learned counsel appears for the respondent No.2 in LPA No. 592 of 2022 and states that she would be filing vakalatnama in LPA No. 592 of 2022.

Ms. Tanya Singh, the learned counsel appears for the appellant in LPA No. 365 of 2022.

Ms. Tanya Singh, the learned counsel for the respondent No.2 is seeking two weeks' time for filing response to the application under section 5 of the Limitation Act.

IA No. 10972 of 2022 The writ Court has interfered with the notification as contained in memo no. 4038 dated 17th December 2021.

The aforesaid notification was issued by the Principal Secretary, Urban Development and Housing Department, Government of Jharkhand whereby the writ petitioner was removed from the post of Ward Councilor of Ward No. 39 within Ranchi Municipal Corporation.

The writ Court has referred to the procedure prescribed under the Rules framed under the Jharkhand Municipal Act, 2011 to hold that the notification dated 17th December 2021 has been issued in violation of the principles of natural justice. However, the writ Court has declined to remand the matter before the competent authority for proceeding in the matter afresh or from the stage such violation was found.

The writ Court has held as under:

"32. It is well settled that the post decisional opportunity of hearing does not serve the principles of natural justice in given situation. The authority, who embarks upon a post decisional hearing, will naturally proceed with closed mind and there is hardly any chance of getting proper consideration of the matter at such a post decisional opportunity. In the case in hand, it appears from the conduct of the respondent-department that it acted with the prejudiced mind while dealing with the petitioner's case which led to his disqualification. Moreover, there are number of irregularities in the proceedings undertaken by the respondent- department and thus no useful purpose will be served in remanding the matter."

A copy of the order dated 3rd February 2023 passed in Contempt Case (Civil ) No. 683 of 2022 has been tendered in the Court.

From the order dated 3rd February 2023, it appears that pendency of LPA No. 592 of 2022 has been brought to the notice of the learned Single Judge.

Having regard to the aforesaid circumstances of the case, we would request the learned Single Judge not to proceed with the contempt case till final disposal of LPA No. 592 of 2022.

Post these matters on 28th February 2023 under the heading "Final Disposal".

Before the next date of hearing, the learned counsels appearing for the parties shall file their written submission and submit compilation of judgments, if any.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Sharda/Nibha