Vijay Kumar Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Vijay Kumar Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding against the opposite parties dropped and the contempt application disposed of; petitioner permitted to prefer a fresh contempt application if the undertakings/averments in the supplementary show cause affidavit dated 04.11.2023 are not honoured within a reasonable period.

Issue for consideration

Whether the contempt proceeding against the opposite parties for the alleged violation of the order dated 26.11.2020 passed in W.P.(S) No. 3203 of 2011 should be continued, in view of the averments of compliance in the supplementary show cause affidavit dated 04.11.2023.

Court's answer

Considering the averments in paragraph-6 of the supplementary show cause affidavit dated 04.11.2023, the opposite parties have substantially complied with the Court's order dated 26.11.2020 passed in W.P.(S) No. 3203 of 2011; hence there is no reason to further proceed with the matter.

Ratio / Principle

The contempt proceeding as against the opposite parties is dropped.

Key takeaways

The present contempt application stands disposed of.ratio¶¶20
If the opposite parties do not abide by the undertaking/averments made in the supplementary show cause affidavit dated 04.11.2023 within a reasonable period, the petitioner is at liberty to prefer a fresh contempt application.obiter¶¶21

Detailed headnote1 paragraphs

Cont. Case (Civil) No. 167 of 2022 (High Court of Jharkhand, Order No. 08 dated 04.01.2024, Rajesh Shankar, J.) — Vijay Kumar Singh v. The State of Jharkhand and others. Contempt proceeding instituted for alleged willful violation of the Court's order dated 26.11.2020 passed in W.P.(S) No. 3203 of 2011. On the strength of paragraph-6 of the supplementary show cause affidavit dated 04.11.2023 filed by opposite party no. 3 (District Superintendent of Education, Hazaribagh), the Court held that the opposite parties had substantially complied with the said order, dropped the contempt proceeding and disposed of the application, while reserving the petitioner's liberty to prefer a fresh contempt application should the undertakings/averments in the affidavit not be abided by within a reasonable period.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cont. Case (Civil) No. 167 of 2022

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Vijay Kumar Singh

… … Petitioner

Versus

The State of Jharkhand

Mr. Rajesh Sharma, Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

Mr. Mithilesh Kumar Sinha, District Superintendent of Education, Hazaribagh

…. … Opp. Parties

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Rahul Kumar, Advocate For the Opp. Parties : Mr. Shivam Anand Pathak, A.C. to S.C.-III

Order No. 08 Dated: 04.01.2024

The present contempt petition has been filed for initiation of contempt proceeding as against the opposite parties for willful violation of order dated 26.11.2020 passed in W.P.(S) No. 3203 of 2011.

2. Mr. Shivam Anand Pathak, learned A.C to S.C.-III appearing on behalf of the opposite parties, refers to paragraph-6 of the supplementary show cause affidavit dated 04.11.2023 filed on behalf of the opposite party no. 3 and submits that the aforesaid order of this Court has now been complied by the opposite parties.

3. Having heard learned counsel for the parties and considering the averments made in paragraphs 6 of the supplementary show cause affidavit dated 04.11.2023, it appears that the opposite parties have substantially complied the aforesaid order of this Court. Hence, there is no reason to further proceed with the matter.

4. The contempt proceeding as against the opposite parties is dropped.

5. The present contempt application stands disposed of.

6. If the opposite parties do not abide by the undertaking/averments made in the supplementary show cause affidavit dated 04.11.2023 within a reasonable period, the petitioner is at liberty to prefer a fresh contempt application.

(Rajesh Shankar, J.)

Ritesh/