In a closed contempt proceeding regarding willful violation of a prior order, the High Court of Jharkhand set aside the case due to limitation under the Contempt of Courts Act, 1971, after respondents undertook compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cont. Case (Civil) No.45 of 2018
Shivshankar Prasad Sinha & Anr.
..... …. Petitioners
--Versus--
The State of Jharkhand & Ors.
…. ….. Opp. Parties
CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
--For the Petitioners : Mr. Krishna Murari, Advocate For the State : Mr. Atanu Banerjee, G.A. Mr. Abhijit Kr. Singh, AC to G.A. Mr. Binod Singh, SC(L&C) Mr. Vishal Kumar Singh, AC to SC(L&C) ---
Mr. Uma Shankar Singh, Director, Secondary Education and Ms. Neelam Ileem Toppo, D.E.O., Bokaro are present in the Court. They undertake to ensure that affidavits in compliance of the Court’s order shall be filed within time, henceforth.
This contempt case has been initiated alleging willful violation of the order dated 02.01.2014 passed in W.P.(S) No.960 of 2005.
It is stated that pursuant to the writ Court’s order show-cause notices dated 27.10.2018 and 06.12.2018 were issued to the petitioners.
Mr. Atanu Banerjee, the learned G.A. submits that though this contempt petition is not maintainable, for it is barred by limitation in view of section 20 of the Contempt of Courts Act, 1971, the proposed contemnors showing their bona-fide have filed an affidavit stating that an enquiry as proposed by the Department shall be conducted against the petitioners after reinstating them in service provided they tender their joining, forthwith.
In view of the aforesaid facts, this contempt case is
closed.
( Shree Chandrashekhar, J. )
SI/,
1 provisions across 1 enactments
Shivshankar Prasad Sinha & Anr.
The State of Jharkhand & Ors.
Uma Shankar Singh
Neelam Ileem Toppo
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
