Baldeo Ram vs The State Of Jharkhand & Others ..... ...
2024 Latest Caselaw 32 Jhar

Jharkhand High Court

Baldeo Ram 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. 547 of 2017
            Baldeo Ram                                            ..... Petitioner
                                            Versus
            The State of Jharkhand & Others                       ..... Opposite Parties
                                              -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

            For the Petitioner:         Mr. Saurabh Shekhar
            For the State:              Mr. Ashok Kumar, A.A.G-IV
            For O.P.No.4:               Dr. Ashok Kr. Singh
                                              -----


13/03.01.2024     The present contempt application has been filed against the opposite

parties for wilful disobedience and non-compliance of the judgment dated

02.03.2017 passed by this Court in W.P.(S) No. 4885/2004.

Learned counsel for the petitioner refers to the order dated 04.07.2022

passed by learned Division Bench in L.P.A. No. 491/2017 (Annexure-I.A/1 to I.A.

No. 2991/2023) and submits that the judgment dated 02.03.2017 passed by

learned Single judge in W.P.(S) No. 4885/2004 has been modified in the

following manner:

''17. For the aforesaid reasons, we find no merit in this Letters Patent Appeal and, accordingly, L.P.A. No. 491/2017 is dismissed. The competent authority shall afford sufficient opportunity to the respondent No.1 to file his written defence and would examine whether the departmental proceeding conducted against him suffered from any irregularity as pleaded by the respondent No.1. We would observe that in the matters of remand, the departmental Secretary should take a conscious decision on examination of the materials on record, before a decision in such matters to prefer any appeal is taken.'' Learned A.A.G-IV refers to paragraphs 4 & 5 of the supplementary show

cause affidavit dated 13.10.2023 filed on behalf of the O.P.No.2 and submits

that subsequent to the aforesaid order passed in L.P.A. No. 491/2017, the

government has taken a fresh decision as contained in memo No. 4979 dated

12.09.2023 (Annexure-C to the said show cause affidavit) issued under the

signature of the Under Secretary to the Government, Department of Water Resources. It is thus submitted that no case of contempt is made out against

the O.P.No.2.

Learned counsel for the petitioner submits that while passing the

aforesaid order, the petitioner's defence has not properly been considered.

Be that as it may.

Having heard learned counsel for the parties and considering the order as

contained in memo No. 4979 dated 12.09.2023, I am of the view that no case

of contempt is made out against the opposite parties.

The contempt proceeding as against the opposite parties is dropped.

The present contempt application stands disposed of.

The petitioner is however at liberty to take appropriate recourse against

the order as contained in memo No. 4979 dated 12.09.2023 as permissible

under law.

Consequently, I.A. No. 2991/2023 also stands disposed of.

Satish/-                                                           (RAJESH SHANKAR, J)