Dipak Chandra Choudhuri vs The State Of Jharkhand & Others ..... ...
2024 Latest Caselaw 31 Jhar

Jharkhand High Court

Dipak Chandra Choudhuri vs The State Of Jharkhand & Others ..... ... on 3 January, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cont. Case (Civil) No. 510 of 2017
            Dipak Chandra Choudhuri                               ..... Petitioner
                                            Versus
            The State of Jharkhand & Others                       ..... Opposite Parties
                                              -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

            For the Petitioner:         Mr. Tarun Kr. Mahato
            For the State:              Mr. Amitesh Kumar Geasen, A.C to A.A.G-I-A
            For O.P.Nos.2-5:            Mr. J. F. Toppo
                                              -----


23/03.01.2024     The present contempt application has been filed against the O.P.Nos. 2

to 5 for wilful disobedience and non-compliance of the judgment dated

06.09.2016 passed by this Court in W.P.(S) No. 4795/2009.

Mr. J. F. Toppo, learned counsel appearing on behalf of the O.P.Nos. 2 to

5, refers to paragraph 7 of the show cause affidavit dated 22.08.2023 filed on

behalf of the O.P.No.5, which reads as under:

''7. That it is most humbly stated and submitted that, it is relevant to state at this juncture that the answering opposite parities have made two attempts to transfer the admissible amount of Rs.4,71,075/- (Rupees four lakhs seventy one thousand and seventy five) in the bank account of the petitioner. The first attempt of transferring the said amount in the bank account of the petitioner failed on 09.01.20023 due to some technical reasons. However, the second attempt of transfer of the said amount in the bank account of the petitioner was successful, as such the total amount of Rs.4,71,075/- (Rupees four lakhs seventy one thousand and seventy five) has been deposited in account No. 1210000100013458 of the petitioner having IFSC:- PUNB0121000 vide NEFT on 14.02.2023 and a payment advice has also been sent to the petitioner for his acknowledgment.'' As against this, learned counsel for the petitioner submits that the

aforesaid amount paid to the petitioner has not been properly calculated in

terms with the aforesaid judgment of this Court and there is difference of about

2-3 Lac as per the calculation made by the petitioner.

Be that as it may.

Since the admitted payment has already been made by the opposite

parties as consequential benefits after restoring the petitioner in original cadre and pay scale i.e. E-7, there is no need to further proceed with the present

matter.

The contempt proceeding as against the O.P.Nos. 2 to 5 is hereby

dropped.

The present contempt application stands disposed of.

If the petitioner is aggrieved with the quantum of payment made to him

by the opposite parties, he is at liberty to take appropriate recourse in this

regard as permissible under law.

Satish/-                                                       (RAJESH SHANKAR, J)