IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case (Civil) No. 411 of 2018
Sunil Kumar Singh Petitioner
… …
Versus
1. The State of Jharkhand
2. Mrs. Pooja Singhal, the Secretary, Department of Agriculture,
Animal Husbandry and Co-operatives, Government of Jharkhand,
Ranchi
3. Mr. Ramesh Gholap, the Director, Department of Agriculture,
Government of Jharkhand, Ranchi
4. Mr. Shashi Bhushan Agarwal, the Principal, Extension Training
Centre, Ranchi Opposite Parties
… …
CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Prem Pujari Roy, Advocate
For the Opp. Party Nos.2 to 4 : Mr. Priyadarshi, AC to GP-VI
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16/30.04.2024 The present contempt petition has been filed for
initiating a contempt proceeding against the contemnors/opposite
parties alleging wilful disobedience of order dated 05.02.2018
passed in W.P.(S) No. 1115 of 2007 and other analogous cases.
2. Mr. Priyadarshi, learned GP-VI appearing on behalf of
the opposite party nos. 2 to 4, refers to paragraph nos. 6 and 7 of
the supplementary show cause affidavit dated 22.04.2024 filed on
behalf of the said opposite parties, which read as under:
6. That it is humbly stated that after the Hon ble Court
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above-stated order dated 23.02.2024, the opposite
parties have taken all immediate steps and a proposal
has been prepared, on which legal opinion was obtained
from the Law Department, Jharkhand, Ranchi.
Subsequently, the approval of the Hon ble Chief Minister
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was also obtained on the said proposal. Accordingly, the
department has decided vide its office order no.-914
dated 08.04.2024 that payment of due salary arrears for
the period from 29.12.2005 to 31.12.2014 i.e., Rs.
12,13,168/- (Twelve Lakhs Thirteen Thousand and one
Hundred Sixty Eight) to the petitioner, who was posted
on deputation basis at E.T.C., Hehal, Ranchi on the basis
of the LPC (Last Pay Certificate) issued by the Bihar State
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Seeds Corporation Ltd., Patna with the stipulation that
the decision in the pending S.L.P i.e., S.L.P (Civil) Diary
No. 2376 of 2024 before the Hon ble Supreme Court is
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adverse to the petitioner, then the entire amount paid to
him shall be recoverable from the petitioner.
7. That it is humbly stated that the aforesaid amount of
Rs. 12,13,168/- has already been disbursed on
10.04.2024 and the same has been duly received by the
petitioner as the same is evident from the details of the
Treasury Payment Slip.
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3. It is thus submitted that the aforesaid order of this
Court has now been complied.
4. As against this, Mr. Prem Pujari Roy, learned counsel
for the petitioner, submits that the amount paid to the petitioner
cannot be said to be in true compliance of the order dated
05.02.2018 passed in W.P.(S) No. 1115 of 2007 and other
analogous cases.
5. Be that as it may.
6. Considering the aforesaid statement made in the
supplementary show cause affidavit dated 22.04.2024, I see no
reason to further proceed in the contempt petition. The contempt
proceeding as against the opposite parties is hereby dropped.
7. The contempt petition is accordingly disposed of.
8. If the petitioner has any subsistence grievance, he is at
liberty to take appropriate recourse towards the same as
permissible under law.
(Rajesh Shankar, J.)
Manish
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