Paulina Murmu vs The State Of Jharkhand Through Its ...
2024 Latest Caselaw 1045 Jhar

Jharkhand High Court

Paulina Murmu vs The State Of Jharkhand Through Its ... on 2 February, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Contempt Case (Civil) No. 878 of 2021

     Paulina Murmu                       ...     ...     Petitioner
                                  Versus
     1. The State of Jharkhand through its Secretary namely, Sri
        Rajesh Kumar Sharma, Department of School Education and
        Literacy, Ranchi
     2. Sri Rajesh Kumar Sharma, Secretary, Department of School
        Education and Literacy, Government of Jharkhand, Ranchi
     3. Sri Harsh Mangla, Director (Secondary Education),
        Department of School Education and Literacy, Ranchi
     4. The State of Jharkhand             ...      ... Opposite Parties
      CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
                                -----

For the Petitioner : Mr. Bijay Kumar Pandey, Adv. For the Opposite Parties : Mr. Gaurav Raj, AC to AAG-II

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06/02.02.2024 The present contempt petition has been filed for

initiating a contempt proceeding against the

contemnors/opposite parties alleging wilful disobedience of order

dated 05.09.2018 passed in W.P.(S) No. 1098 of 2013.

2. Mr. Gaurav Raj, AC to AAG-II appearing on behalf of

the opposite parties, refers to the order as contained in memo

no. 1189 dated 23.07.2020 (Annexure-A to the show cause

affidavit dated 20.10.2022 filed on behalf of the opposite party

no. 3) passed by the opposite party no. 3 and submits that in

compliance of the aforesaid order of this Court, the petitioner's

claim has been considered and the same has been rejected. It is

thus submitted that the aforesaid order of this Court has been

complied. It is further submitted that though the State of

Jharkhand did not challenge the order dated 05.09.2018 passed

in W.P.(S) No. 1098 of 2013 by preferring an L.P.A, however, in similar cases, the L.P.As preferred by the State of Jharkhand &

Ors. led by L.P.A No. 138 of 2019 [The State of Jharkhand & Ors.

Vs. Bal Mohan Prasad & Ors.] have been allowed by learned

Division Bench vide judgment dated 19.01.2024, except the

cases which have been referred in paragraph no. 32 of the said

judgement.

3. Having heard learned counsel for the parties and

considering the facts and circumstances of the case, this Court is

of the view that no case of contempt is made out against the

opposite party no. 2. The contempt proceeding as against the

said opposite party is hereby dropped.

4. The contempt petition is accordingly disposed of.

5. The petitioner is, however, at liberty to take

appropriate recourse as permissible under law against the order

as contained in memo no. 1189 dated 23.07.2020.

(Rajesh Shankar, J.) Manish