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

Purushottam 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 upon the finding of substantial compliance with the Court's order dated 3.9.2020 in W.P.(S) No.1765 of 2019; the contempt case stands disposed of.

Issue for consideration

Whether the opposite parties have substantially complied with the Court's order dated 3.9.2020 passed in W.P.(S) No.1765 of 2019 (grant of Second and third MACP and opening of the DPC Sealed Cover), such that the contempt proceeding may be dropped.

Court's answer

Having heard learned counsel for the parties and considering the statements in opposite party no.2's show cause affidavit, this Court holds that the order dated 3.9.2020 passed in W.P.(S) No.1765 of 2019 has substantially been complied with by that opposite party.

Ratio / Principle

On the finding of substantial compliance, the present contempt proceeding against the opposite parties is dropped.

Detailed headnote1 paragraphs

Contempt proceeding (Cont. Case (Civil) No.714 of 2021, High Court of Jharkhand at Ranchi; Justice Rajesh Shankar; order dated 17.01.2024) examining compliance with this Court's earlier order dated 3.9.2020 in W.P.(S) No.1765 of 2019, which carried directions for grant of Second and third MACP and for opening the Sealed Cover pertaining to the recommendation of the DPC held on 30.08.2018. Via the show cause affidavit dated 21st February, 2022 (paras 6-8), opposite party no.2 reported grant of Second MACP (pay scale Rs.15600-39100, Grade Pay 7600) and third MACP (pay scale Rs.37400-67000, Grade pay 8700) vide departmental notification no.4724 dated 21.09.2021; the affidavit further stated that the petitioner now draws the Superintending Engineer pay scale and suffered no financial loss from his non-promotion to Executive Engineer. As to the Sealed Cover, the petitioner's case slated for the DPC meeting of 22.10.2020 could not be considered as that meeting did not take place, and further promotions stood deferred vide memo no.6752 dated 24.12.2020 under the signature of the Principal Secretary (department of Personal, Administrative Reforms & Rajbhasha, Govt. of Jharkhand), so that no further DPC meeting was held. Finding substantial compliance, the Court dropped the contempt proceeding and disposed of the case.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.714 of 2021

Purushottam Kumar Singh .......... Petitioner.

-Versus-

The State of Jharkhand

The Principal Secretary, Water Resources Department, Government of Jharkhand, Ranchi.

Deputy Secretary (Management), Water Resources Department, Government of Jharkhand, Ranchi. .......... Opp. Parties.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner : Mrs. Nirupama, Advocate For the State : Mr. A. Shekhar, A.C. to A.A.G.I ----- Order No.08 Date: 17.01.2024

Date: 17.01.2024

Learned counsel appearing on behalf of the opposite parties refers to paragraph nos.6, 7 & 8 of the show cause affidavit dated 21^st February, 2022 filed on behalf of the opposite party no.2, which read as under:-

“6. That it is humbly stated and respectfully submitted that on receipt of order of this Hon’ble Court, the matter was examined by the answering opposite party and in compliance of the same, vide departmental notification no.4724 dated 21.09.2021 the petitioner has been granted Second MACP in pay scale of Rs.15600-39100, Grade Pay 7600 and third MACP in the pay scale of Rs.37400-67000, Grade pay 8700 w.e.f. 01.09.1008 and 01.07.2017 respectively.

7. That, it is submitted that so far as another direction of this Hon’ble Court that is with respect to opening the Sealed Cover pertaining to recommendation of the DPC held on 30.08.2018, it is stated and humbly submitted that in view of the direction of this Hon’ble Court, a proposal was mooted by the departmental authorities for placing the case of the petitioner in the very next meeting of the DPC which was scheduled to be held on 22.10.2020, but due to certain reasons, the said meeting of the DPC could not take place and the case of the petitioner could not be considered on that day. Thereafter it was decided that the case of the petitioner for opening of Sealed Cover in light of the direction of this Hon’ble Court shall be placed in the next meeting of the DPC. In the mean time, an order vide memo no.6752

-2-

dated 24.12.2020 has been issued under the signature of the Principal Secretary, department of Personal, Administrative reforms & Rajbhasha, Govt. of Jharkhand decided to defer further promotions till further order of the Govt. As such, no further meeting of the DPC could be held thereafter.

8. That it is stated and humbly submitted that in view of the aforementioned facts and circumstances, it is apparent that in compliance of the order of this Hon’ble Court, the petitioner has been granted second and third MACP w.e.f. 01.09.1008 and 01.07.2017 respectively. As such, in lieu of grant of such financial up gradation, the petitioner is presently getting the pay scale of Superintending Engineer. Thus, no financial loss has occurred to the petitioner due to his non-promotion on the post of Executive Engineer.”

Having heard learned counsel for the parties and considering the aforesaid statements made in the show cause affidavit filed on behalf of the opposite party no.2, this Court is of the view that the order dated 3.9.2020 passed in W.P.(S) No.1765 of 2019 has substantially been complied by the said opposite party.

The present contempt proceeding as against the opposite parties is hereby dropped.

The present contempt case stands disposed of.

(Rajesh Shankar, J.)

Sanjay/

Procedural history

How this case reached the court

AI extract

Order under challenge
This Court's earlier order dated 3.9.2020 passed in W.P.(S) No.1765 of 2019 (carrying directions for grant of Second and third MACP and for opening the Sealed Cover recommendation of the DPC held on 30.08.2018), compliance with which was examined in this contempt proceeding; the Court found it substantially complied with.¶18
High Court of Jharkhand at Ranchi (same Court) · 3.9.2020
Prior proceeding
Show cause response solicited and presented: learned counsel for the opposite parties referred to paragraph nos.6, 7 & 8 of opposite party no.2's show cause affidavit dated 21st February, 2022, reporting steps taken in compliance of the Court's order.¶12
Prior proceeding
In compliance of the Court's order, and on examination of the matter by the answering opposite party, the petitioner was granted Second MACP (pay scale Rs.15600-39100, Grade Pay 7600) and third MACP (pay scale Rs.37400-67000, Grade pay 8700) vide departmental notification no.4724 dated 21.09.2021.¶13
Prior proceeding
Court's direction with respect to opening the Sealed Cover pertaining to the recommendation of the DPC held on 30.08.2018.¶14
Prior proceeding
Per affidavit para 7: a proposal was mooted for placing the petitioner's Sealed-Cover case in the very next meeting of the DPC scheduled for 22.10.2020, but that meeting could not take place and the petitioner's case could not be considered on that day.¶14
Prior proceeding
Per affidavit para 7 (continued): further promotions were deferred vide memo no.6752 dated 24.12.2020, issued under the signature of the Principal Secretary, department of Personal, Administrative Reforms & Rajbhasha, Govt. of Jharkhand, pending further Government order; consequently no further DPC meeting could be held thereafter.¶16
Prior proceeding
Affidavit para 8 asserted that, in lieu of the MACP financial upgradations granted in compliance of the Court's order, the petitioner now receives the Superintending Engineer pay scale, so no financial loss occurred from his non-promotion to Executive Engineer.¶17