Jharkhand High Court
Arun Kumar vs State Of Jharkhand on 16 January, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Jurisdiction)
Contempt Case (Civil) No. 471 of 2023
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Arun Kumar, aged about 65 years, s/o late Ram Roop Prasad, R/o 201 Krishna
Apartment, PO-GPO, PS-Kotwali, District-Ranchi ... Petitioner
Versus
1. State of Jharkhand
2. Sri Sukhdev Singh, Chief Secretary, State of Jharkhand, PO & PS-Dhurwa,
District-Ranchi
3. Srimati Vandana Dadel, Principal Secretary, Deptartment of Personnel &
Administrative Reforms, Government of Jharkhand, PO & PS-Dhurwa,
District-Ranchi
4. Sri Ajay Kumar Singh, Director General of Police, Government of
Jharkhand, PO & PS-Dhurwa, District-Ranchi
5. Sri Kamal Kishore, Sr. Superintendent of Police, PO-GPO, PS-Kotwali &
District-Ranchi ... Opposite Parties
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : Mr. Kalyan Roy, Advocate
For the State : Mr. Ashok Kumar Yadav, Sr. SC-I
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Order No.5/Dated: 16th January 2024
The petitioner is aggrieved by inaction on the part of the
State-respondents in not taking appropriate decision to revert the respondent
nos. 5 to 17 in L.P.A No. 392 of 2019 to a lower post and to cause an inquiry
against the members of the Departmental Promotion Committee.
2. In the present contempt case, the petitioner has made the
following statements:
"21. That the petitioner states that the order passed in LPA no.392 of 2019
has been confirmed by the Apex Court but till date the OP did not comply
with order dated 16.12.2022.
22. That the OP as such deliberately and willfully did not comply with order
dated 16.12.2022 and no enquiry was conducted by OP No.2 and no step has
also been taken against the members of DPC by fixing accountability. The
OP/contemnor also did not pass any order against the private respondents for
reversion of the said persons in their original post."
3. It is admitted at Bar that the Special Leave Petition filed by
Upendra Kumar Rai and others who were the respondent nos. 5 to 17 in L.P.A
No. 392 of 2019 was dismissed by the Hon'ble Supreme Court on 20 th
February 2023. Still, no action was taken by the State-respondents to comply
with the direction issued by the Letters Patent Court.
2 Contempt Case (Civil) No.471 of 2023
4. In the show-cause reply filed by O.P. No.4, it is stated that the
Special Leave Petition preferred by the State of Jharkhand was pending
consideration before the Hon'ble Supreme Court. However, we are apprised
that the said Special Leave Petition vide Special Leave Petition (Civil) Diary
No(s). 39743 of 2023 has also been dismissed on 3rd November 2023.
5. Mr. Ashok Kumar Yadav, the learned Sr. SC-I states that the
opinion of the learned Advocate General has been obtained and necessary
steps for complying with the directions issued by the Letters Patent Court in
L.P.A No. 392 of 2019 shall be taken.
6. In view of the aforesaid developments, the present contempt case
is disposed of with a direction to the Chief Secretary of the State of Jharkhand
to ensure that an inquiry against the members of the Departmental Promotion
Committee as indicated in the judgment passed in L.P.A No.392 of 2019 is
completed within a period of two months, failing which the Registry shall
institute a suo-motu contempt case against the Chief Secretary of the State of
Jharkhand.
7. Contempt Case (Civil) No. 471 of 2023 is closed.
(Shree Chandrashekhar, A.C.J.)
(Anubha Rawat Choudhary, J.)
Amit
