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

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

What the court decided

AI extract

Outcome

Contempt case disposed of with a direction to the Chief Secretary of the State of Jharkhand to ensure that the 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; the contempt case was thereafter closed.

Issue for consideration

Whether the opposite parties deliberately and wilfully failed to comply with the order dated 16.12.2022 in L.P.A No. 392 of 2019 — specifically, no enquiry against the members of the Departmental Promotion Committee and no order reverting the private respondents to their original posts — so as to attract contempt. +1 more

Court's answer

The Court directed the Chief Secretary of the State of Jharkhand to ensure that the 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.

Ratio / Principle

In view of the aforesaid developments, the present contempt case is disposed of.

Key takeaways

Contempt Case (Civil) No. 471 of 2023 was closed.ratio¶27

Detailed headnote1 paragraphs

Contempt (Civil) — Alleged wilful non-compliance by the State of Jharkhand with the Letters Patent Court's directions dated 16.12.2022 in L.P.A No. 392 of 2019, requiring reversion of respondent nos. 5 to 17 to a lower post and an inquiry against the members of the Departmental Promotion Committee. The private respondents' Special Leave Petition was dismissed by the Supreme Court on 20.02.2023, and the State's own Special Leave Petition (Diary No(s). 39743 of 2023) was dismissed on 03.11.2023; still no compliance followed. State counsel stated that the Advocate General's opinion had been obtained and compliance steps would be taken. Holding: the Court disposed of the contempt case with a direction to the Chief Secretary to ensure completion of the DPC-members' inquiry within two months, failing which the Registry was to institute a suo-motu contempt case against the Chief Secretary; case closed. Bench: Shree Chandrashekhar, A.C.J. and Anubha Rawat Choudhary, J. Order dated 16.01.2024.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Jurisdiction)

Contempt Case (Civil) No. 471 of 2023

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

State of Jharkhand

Sri Sukhdev Singh, Chief Secretary, State of Jharkhand, PO & PS-Dhurwa, District-Ranchi

Srimati Vandana Dadel, Principal Secretary, Deptartment of Personnel & Administrative Reforms, Government of Jharkhand, PO & PS-Dhurwa, District-Ranchi

Sri Ajay Kumar Singh, Director General of Police, Government of Jharkhand, PO & PS-Dhurwa, District-Ranchi

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

Order No.5/Dated: 16^th 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.

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.

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.”

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

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 3^rd November 2023.

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.

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.

Contempt Case (Civil) No. 471 of 2023 is closed.

(Shree Chandrashekhar, A.C.J.)

(Anubha Rawat Choudhary, J.)

Amit