Lal Babu Prasad vs The State Of Jharkhand & Others
2023 Latest Caselaw 1189 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Contempt Case (Civil) No. 475 of 2020

Lal Babu Prasad                                   ......    Petitioner
                         Versus
The State of Jharkhand & Others                         ......     Opposite Parties

      CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                        ---------

For the Petitioner     : Mr. Birendra Kumar, Advocate
For the State           : Mr. Sachin Kumar, A.A.G.-II

22/Dated: 17/03/2023

On 27.01.2023, the Secretary Transport Department, Government

of Jharkhand was present before this Court and has given undertaking that writ

court order shall be complied with and on his undertaking the matter was

adjourned for 17.02.2023 and on 17.02.2023 the Secretary Transport

Department, Government of Jharkhand was again present before this Court and

further has given undertaking that order shall be complied with in its letter and

spirit and on his such undertaking the matter was adjourned for 24.02.2023.

In order dated 17.02.2023 it was observed that if the order is not complied in

its letter and spirit, the Secretary, Transport Department, Government of

Jharkhand shall remain physically present before this Court on the next date of

listing and there was order of exemption of physical appearance if the order is

complied with in its letter and spirit. On 03.03.2023 inspite of direction of this

Court, the Secretary Transport Department, Government of Jharkhand was not

present in the Court and considering that it has been recorded in order dated

03.03.2023 that non-appearance of the Secretary, Transport Department,

Government of Jharkhand as on today, shall be considered by this Court on the

next date and further on the request of Mr. Sachin Kumar, learned A.A.G.-II,

the matter was adjourned for 17.03.2023.

Today when the matter was taken up it has been informed that the

Secretary Transport Department, Government of Jharkhand is not present

before this Court.

At this stage, Mr. Sachin Kumar learned A.A.G.-II submits that the

he has filed I.A. No. 2679 of 2023 bringing on record order dated 03.03.2023

passed in SLP No. 20636-20637/2022 for exemption from personal appearance

and to grant further four months' time to comply the judgment dated

01.07.2020 passed in W.P.(S) No. 1631 of 2020. He submits that State has

moved before the Hon'ble Supreme Court in Special Leave to Appeal (C) No (S).

20636-20637/2022 however the said S.L.P. was dismissed with observation to

request the High Court to keep the proceedings in the pending contempt

matter in abeyance for a period of four months so as to give the petitioners

adequate time to carry out complete compliance and any requirement of

personal presence of the officers concerned may be dispensed with. The order

is annexed as Annexure-A to I.A. No.2679 of 2023.

In view of request of the Hon'ble Supreme Court, the prayer made

in I.A. is allowed. Appearance of the Secretary is dispensed with for the time

being. This matter is adjourned for four months.

I.A. No. 2679 of 2023 stands disposed of.

Let it appear on 21.07.2023.

( Sanjay Kumar Dwivedi, J.) Satyarthi/