Dismissed

Lilam Kumari v. the State of Jharkhand through the Secretary Deptt of School Education and Literacy

Jharkhand HC17 Jan 2024Cont.(Cvl)/869/2021

Case brief

AI extract

What is this about?

In a contempt petition alleging wilful disobedience of a prior order, the Court examined a memo dated 27.04.2022. Finding no case of contempt was made out, the proceedings against the respondents were dropped. The petitioner was left to seek other legal recourse.

What did the court decide?

Contempt proceedings against the opposite parties were dropped.

Lilam Kumari Vs the State of Jharkhand through the… — Contempt of Court | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No. 869 of 2021

Lilam Kumari

… … Petitioner

Versus

The State of Jharkhand through the Secretary, Department of School Education and Literacy, Ranchi

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Shri Rajesh Kumar Sharma, the Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi 3. Shri Harsh Mangla, Director (Secondary Education), Department of School Education and Literacy, Ranchi 4. Smt. Alka Jaiswal, the District Education Officer, Koderma

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The State of Jharkhand

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… … Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Bijay Kumar Pandey, Adv. Mrs. Anjana Kumari, Advocate For the Opposite Parties : Mr. Ashok Kumar Yadav, Sr. SC-I Mr. Anish Kr Mishra,AC to Sr. SC-I

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-----

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11/17.01.2024 The present contempt petition has been filed for

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initiating a contempt proceeding against the

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contemnors/opposite parties alleging wilful disobedience of order dated 05.09.2018 passed in batch of writ petitions including W.P.(S) No. 3733 of 2017.

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2. Mr. Ashok Kumar Yadav, learned Sr. SC-I appearing on behalf of the opposite parties, refers to the show cause affidavit dated 11.08.2023 filed on behalf of the opposite party no. 3 – the Director (Secondary Education), Department of School Education and Literacy, Government of Jharkhand and submits that the petitioner’s claim made vide her representation dated 06.04.2022 has been considered and the same has been rejected. Thus, the aforesaid order of this Court so far as the same relates to the petitioner is complied.

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3. As against this, learned counsel for the petitioner submits that the order as contained in memo no. 1148 dated 27.04.2022 (Annexure-A to the show cause affidavit) has not been passed by the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand and hence, the same cannot be said to have been passed in compliance of the aforesaid order of this Court which is otherwise in the teeth of different observations made by this Court in the aforesaid order.

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4. Having heard learned counsel for the parties and on perusal of the order as contained in memo no. 1148 dated 27.04.2022 passed by the opposite party no. 3, this Court is of the view that no case of contempt is made out against the opposite parties. The contempt proceeding as against the opposite parties is hereby dropped.

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5. The contempt petition is accordingly disposed of.

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6. The petitioner is, however, at liberty to take

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appropriate recourse as permissible under law against the order as contained in memo no. 1148 dated 27.04.2022 passed by the opposite party no. 3.

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(Rajesh Shankar, J.)

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Manish

Lilam Kumari v. the State of Jharkhand through the Secretary Deptt of School Education and Literacy

Case brief

What is this about?

What did the court decide?

Lilam Kumari v. the State of Jharkhand through the Secretary Deptt of School Education and Literacy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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