Ranchi Nagar Nigam Karamchari Sangh through Its President Naresh Ram Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.20 of 2022

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----Ranchi Nagar Nigam Karamchari Sangh, through its President, Naresh Ram. .......... Petitioner.

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-Versus-

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The State of Jharkhand

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Shashi Ranjan, Municipal Commissioner-cumAdministrator, Ranchi Municipal Corporation, Ranchi.

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Aditya Kumar Anand, Director, Directorate of Municipal Administration, Urban Development and Housing Department, Government of Jharkhand, Ranchi.

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Vinjay Kumar Cboubey, Secretary, Urban Development and Housing Department, Government of Jharkhand, Ranchi. .......... Opp. Parties.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Prem Pujari Roy, Advocate For the State : Mr. M. L. Yadav, S.C. (L&C)-III For RMC : Mr. R. R. Mishra, Advocate -----

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Order No.24 Date: 16.01.2024

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The present contempt case has been filed for initiating contempt proceeding against the opposite parties alleging wilful and deliberate violation of the order dated 24^th March, 2021 passed in W.P.(S) No.1849 of 2013.

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Mr. R. R. Mishra, learned counsel appearing on behalf of the opposite party no.2 refers to paragraph nos.6 to 13 of the supplementary show cause affidavit dated 6^th September, 2023 filed on behalf of the said opposite party, which read as under:-

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“6. That the opposite parties humbly states and submits that in compliance of the order passed by the Hon’ble Court, a proposal was duly forwarded to the Director, Directorate of Municipal Administration vide letter no.448 dated 09-03-2022 along with minutes of meeting dated 10-12-2021 regarding compliance of the order passed by this Hon’ble Court.

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7. That in compliance of the order passed by the Hon’ble Court a meeting of establishment committee of the Directorate of Municipal Administration was held on 29-07-2022 at the Directorate wherein the establishment committee examined the matter in view of Jharkhand Municipal Service Cadre Rules,

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2014 and the same was communicated to Ranchi Municipal Corporation vide Memo No.1731 dated 29-08-2022.

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8. That it is humbly submitted that thereafter the Director, Directorate of Municipal Administration passed a reasoned order vide letter No.80 dated 14-11-2022 as per the decision taken by the Establishment Committee and this letter was communicated to Ranchi Municipal Corporation and all the concerned.

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9. That it is humbly submitted that the compliance of the order in WP(S) No.1849 of 2013 by the Director, Directorate of Municipal Administration was filed before this Hon’ble Court by the show cause filed by the opposite party number 3.

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10. It is humbly submitted further that this Hon’ble Court in its order dated 07-07-2023 passed in Cont Case (Civil) No.20 of 2022 made the following order, “On 11.11.2022, after hearing the learned Advocate General, representing the State and the learned counsel for other sides, further physical appearance of Director, Urban Development, was dispensed with. It appears that yet the order of the Court has not been complied with in its true letter and spirit. The reasoned order passed by the opposite party shows that the same is cryptic and is not in consonance with the order of this Court. Further, on the request of learned counsel for the opposite parties, put up this case on 4.8.2023 for compliance of the Court’s order in its true letter and spirt. Let it be made clear that if the order of this Court has not been complied with in its true letter and spirit, a suo motu contempt proceeding shall be initiated against the opposite party concerned.”

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11. It is humbly submitted further that this Hon’ble Court while hearing the matter again on 04-08-2023 passed the following order, “Heard the parties. It has been submitted by the learned Advocate General appearing on behalf of the State that in view of order of this Court a decision has already been taken which has been brought on record vide Annexure-a to the supplementary show cause. From perusal of the documents on record, it appears that in the way of compliance, the State has taken a decision that it is the Ranchi Municipal Corporation who has to pass final order.”

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12. It is humbly submitted that in compliance of the order of this Hon’ble Court, order dated 04-08-2023 the answering opposite party has passed a reason order vide Memo No.1079 dated 01-09-2023.

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13. That it is stated in view of the above said facts and circumstances the order passed by the Hon’ble Court has been fully complied with and hence the Hon’ble Court may be pleased to drop the contempt proceeding against the answering respondents.”

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Learned counsel appearing on behalf of the opposite party no.2 invites attention of the Court particularly to paragraph no.4 of the order dated 24^th March, 2021 passed in W.P.(S) No.1849 of 2023, which reads as under:-

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“4. After going through the aforesaid averments made in the counter affidavit filed by the Secretary, Urban Development Department, Ranchi; the instant writ application, is hereby, disposed of by directing the Municipal Commissioner, Ranchi Municipal Corporation to take a final decision and forward an appropriate proposal relating to the matter of promotion of concerned employees including the claim of the petitioners’ association before the Director, Directorate of Municipal Administration in compliance to the letter No.655 dated 23.02.2021 of Urban Development and Housing Department, Govt. of Jharkhand; who in turn shall take necessary action after due examination and scrutiny in accordance with Jharkhand Municipal Service Cadre Rule, 2014.

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It goes without saying that the instant writ application is of the year 2013; as such the entire exercise shall be completed within a period of 16 weeks from the date of receipt/production of a copy of this order.”

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Learned counsel for the opposite party no.2 further refers to paragraph no.8(A) of the minutes of the meeting of the Establishment Committee, Directorate of Municipal Administration, Urban Development and Housing Department, Government of Jharkhand, presided over by the opposite party no.3, dated 29^th July, 2022, wherein it has been mentioned that since there is no provision in Jharkhand Municipal Service Cadre Rules, 2014 regarding promotion of Group-IV employees in basic grade of Group-III, the proposal sent by the Ranchi Municipal Corporation vide letter no.1259 dated 18^th July, 2022 is not in accordance with the said Rules and, therefore, it does not require any consideration.

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Mr. Munna Lal Yadav, learned S.C. (L&C)-III appearing on behalf of the opposite party nos.3 and 4 submits that since in terms with the direction contained in the order passed in W.P.(S) No.1849 of 2013, the opposite party no.2 was required to take step in accordance with the provisions of the Rules, 2014, the proposal sent by the RMC was rejected vide minutes of the meeting of the said Establishment Committee as contained in memo no.1731 dated 29^th July, 2022 and consequently the office order no.80 dated 14^th November, 2022 was issued.

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Having heard learned counsel for the parties, this Court is of the view that the petitioner has failed to make out any case of intentional/deliberate disobedience of the aforesaid order passed in W.P.(S) No.1849 of 2013 against the opposite parties. Hence, no case of contempt is made out against them.

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The present contempt case is, accordingly, dismissed.

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The petitioner is, however, at liberty to take appropriate recourse as against the aforesaid minutes of the meeting of the said Establishment Committee dated 29^th July, 2022, office order no.80 dated 14^th November, 2022 and any other order of similar nature.

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Pending I.As., if any, are also disposed of.

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(Rajesh Shankar, J.)

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Sanjay/

Ranchi Nagar Nigam Karamchari Sangh through Its President Naresh Ram v. the State of Jharkhand

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Ranchi Nagar Nigam Karamchari Sangh through Its President Naresh Ram v. the State of Jharkhand

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