Jharkhand High Court
Vivekanand Bhuinya & Ors vs The State Of Jharkhand & Anr. ... ... ... on 2 April, 2024
Author: Shree Chandrashekhar
Bench: Navneet Kumar, Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Jurisdiction)
Contempt Case (Civil) No. 1135 of 2023
Vivekanand Bhuinya & Ors. ... ... Petitioners
Versus
The State of Jharkhand & Anr. ... ... Opposite Parties
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioners : Ms. Sonam, Advocate
Mr. Wazid Ali, Advocate
For the JPSC : Mr. Abhay Prakash, Advocate
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Order No. 6/ Dated: 2nd April 2024
On 20th February 2024, the following order was passed by this
Court:
"I.A. No.381 of 2024
This interlocutory application has been filed on behalf of the applicants
to delete the petitioner no.4, namely, Rakesh Kumar from the arrays of the
parties in the present contempt petition.
2. It is stated that the petitioner no.4, namely, Rakesh Kumar was not a
party in any of the cases before the Letters Patent Court.
3. I.A No.381 of 2024 is allowed.
4. Let necessary correction be carried out in the memo of parties during
course of the day with red ink.
Contempt Case (Cvl.) No. 1135 of 2023
5. The judgment in L.P.A No.126 of 2022 with W.P(S) No.5366 of 2021
and analogous cases was delivered on 16th September 2023 with a
direction to the respondents to complete the exercise for appointment of
the Assistant Town Planner(s) within two months, from the date of
receipt/production of the copy of the judgment.
6. Debasmita Basu who could not make it to the merit list initially prepared
by the Jharkhand Public Service Commission (in short, JPSC) filed a
Special Leave Petition being SLP(C) No.25649 of 2023 to challenge the
aforementioned judgment passed by the Letters Patent Court. However,
the said Special Leave Petition was dismissed on 4th December 2023.
7. Chandan Bhagat who was one of the successful candidates pursuant to
Advertisement No.4 of 2020 also challenged the judgment dated 16th
September 2023 by filing a Special Leave Petition being SLP (C)
No.27318 of 2023 which was also dismissed by the Hon'ble Supreme
Court on 15th December 2023.
8. The present contempt case was registered on 27th December 2023 and
taken-up for hearing on 23rd January 2024 on which date the learned
counsel for the petitioners apprised the Court that the aforementioned
Special Leave Petitions filed against the judgment in L.P.A No.129 of 2022
with W.P(S) No.1007 of 2022 and analogous cases have been dismissed
by the Hon'ble Supreme Court. On that day, on the request of the learned
counsel for the JPSC for seeking instruction in the matter this contempt
case was directed to be posted on 24th January 2024.
9. On 24th January 2024, the following order was passed by this Court:
"On 23rd January 2024, the learned counsel appearing for
opposite party no.2-JPSC was directed to give a specific
date by which the order passed in the LPA No. 126 of 2022
and analogous cases shall be complied by the opposite
parties.
2. The learned counsel for opposite party no. 2 makes a
statement on instructions from opposite party no. 2 that the
order passed in the aforesaid Letters Patent Appeal shall be
complied by 15th February 2024. By that time
recommendation to the department will be made for
appointment of Assistant Town Planner in Jharkhand.
3. In view of the aforesaid submissions, list this case on 20th
February 2024.
4. In the meantime, the learned counsel for the opposite
party no. 2 shall file an affidavit in this regard."
10. Mr. Himanshu Shekhar, the learned counsel for the JPSC makes a
statement in the Court that against the decision of the Letters Patent Court
in L.P.A No.126 of 2022 and batch cases the JPSC has filed a Special
Leave Petition on 12th February 2024 vide Diary No.6842 of 2024.
11. The learned counsel for the JPSC is seeking adjournment on this
ground.
12. The learned counsel for the JPSC has drawn our attention to the
observations made in paragraph nos.135 to 138 of the judgment dated 16th
September 2023 which according to the learned counsel for the JPSC
amount to adverse remarks against the JPSC. We are really surprised at the
action of the JPSC which has chosen to approach the Hon'ble Supreme
Court after dismissal of the Special Leave Petitions filed by the successful
as well as unsuccessful candidates and, that too, after making a statement
in the Court that the direction issued by the Letters Patent Court shall be
complied by 15th February 2024. We are of the opinion that the filing of
the Special Leave Petition before the Hon'ble Supreme Court does not
pose any hurdle for complying with the directions issued by the Letters
Patent Court and, therefore, a cost of Rs.50,000/- is imposed upon the
JPSC for seeking adjournment in the matter.
13. The cost of Rs.50,000/- shall be deposited with St. Michael's
Netraheen (Blind) Middle School, Ranchi for the welfare of the children.
14. Post this matter on 1st April 2024."
2. Mr. Abhay Prakash, the learned counsel for the Jharkhand Public
Service Commission has informed the Court that on 18 th March 2024 in SLP
(Civil) Diary No(s). 6842 of 2024 the Hon'ble Supreme Court passed an order
staying the operation of impugned judgment and order as regards cost
imposed on the Jharkhand Public Service Commission by the order dated 20th
February 2024.
2 Contempt Case (Civil) No. 1135 of 2023
3. On 18th March 2024, the following order has been passed by the
Hon'ble Supreme Court:
"Applications seeking exemption from filing certified copy of the
impugned judgment and exemption from filing official translation are
allowed.
Petition for Special Leave to Appeal (Civil) No. 6842/2024
1. Delay condoned.
2. The limited grievance raised on behalf of the petitioners in the instant
case is with regard to the adverse observations made in the impugned
judgment in respect of the petitioner-Commissioner from paras No. 135 to
140.
3. Limited notice is issued in the instant case on the aforesaid aspect to
respondent No.2-State of Jharkhand alone.
Petition for Special Leave to Appeal (C) No. 6288/2024
1. A limited notice is issued on the aspect of the cost imposed on the
petitioner-Commission in terms of the impugned order.
2. Till further orders, operation of impugned judgment and order on the
above aspect of fixing liability and payment of costs shall remain stayed
(in both the matters)."
4. A plain reading of the aforesaid order passed by the Hon'ble
Supreme Court would disclose that the judgment by the Letters Patent Court
in L.P.A No. 126 of 2022 with W.P.(S) No. 5366 of 2021 has not been stayed
by the Hon'ble Supreme Court.
5. On the other hand, a limited issue as to adverse observations
made by this Court against the Jharkhand Public Service Commission in the
judgment dated 16th September 2023 is for consideration before the Hon'ble
Supreme Court.
6. On 20th February 2024, this Court while hearing this contempt
case also made an observation that the filing of the Special Leave Petition
before the Hon'ble Supreme Court does not pose any hurdle in complying
with the direction issued by the Letters Patent Court. Notwithstanding that,
no affidavit on compliance has been filed by the Jharkhand Public Service
Commission.
7. On a pointed query from the Court, Mr. Abhay Prakash, the
learned counsel for the Jharkhand Public Service commission has made a
statement in the Court that on 1st April 2024 around 1:26 PM in the afternoon
he made a telephonic call to the Chairperson of the Jharkhand Public Service
Commission, namely, Mrs. Mary Nileema Kerketta, who gave instruction to
him to make statement in the Court that an affidavit of compliance shall be
3 Contempt Case (Civil) No. 1135 of 2023
filed very soon.
8. The details of the call made by Mr. Abhay Prakash, the learned
counsel to the Chairperson of the Commission is taken on record.
9. Post this matter on 9th April 2024 when affidavit of compliance
giving a timeline for complying with the directions issued by the Letters
Patent Court shall be filed by the Chairperson or an officer duly authorized by
her.
(Shree Chandrashekhar, A.C.J.)
(Navneet Kumar, J.)
Amit
4 Contempt Case (Civil) No. 1135 of 2023
