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2006 Supreme(Jhk) 60

Jharkhand High Court
N.DHINAKAR,M.Y.Eqbal, JJ.
Bharat Prasad - Appellant
Versus
Steel Authority Of India Ltd.Bokaro Steel Plant City - Respondent
CONT. CASE (CIVIL) 624 Of 2005
Decided On : 24 January, 2006

Headnote:Contempt of Courts Act, 1971 – Section 12 – no wilfull default in compliances of the Courts order – proceeding dropped. (Paras 13 and 17)

JUDGMENT

1. Petitioner, Bharat Prasad, has filed the instant application for initiation of contempt proceedings against the Opposite Parties and for adequately punishing them for their wilful disobedience of the order dated 1.8.2000 passed by Division Bench of this Court in M.J.C No. 139 of 1999(R).

2. For proper appreciation of the case few relevant facts are necessary to be discussed hereinafter.

3. For establishing the Bokaro Steel Plant vast tract of land was acquired by the Government resulting in displacement of large number of families. Apart, from payment of compensation to those whose land were acquired, it was decided between the Management of the Steel Plant and the Government that at least one member of each displaced family shall be given employment in the Steel Plant. For giving such appointment on compassionate ground, the displaced persons were divided into two categories. Category No. (i) consists of the persons whose entire lands and building were acquired and Category No. (ii) consists of those persons whose only land was acquired. It was decided that, the displaced persons belonging to Category No. (i) shall be given employment first and thereafter the persons of another category shall be considered for employment. The Steel Authority (in short the Company) prepared a panel in 1991 containing about 2010 names. From the panel large number of persons have already been appointed by the Steel Authority. However, large number of persons had made grievance that their names were not included in the panel. A Committee was constituted to consider their names and interview letters were also issued to them fixing dates for interview in April, 1992. However, the interview was cancelled. Later on, it was decided that till the panel is exhausted, no further selection shall be made for making appointment on compassionate ground. Being aggrieved, 382 persons filed writ petition being CWJC No. 2459/95(R) before this Court challenging the order dated 11.5.1995 whereby the future selection was stopped till the panel is exhausted. Learned Single Judge has allowed the writ petition and held that Respondents-Opposite Parties cannot refuse to consider the claims of the petitioners. Aggrieved by the said order, Opposite Parties filed LPA No. 161/96(R). Another LPA No. 162/96(R) was filed by 542 persons whose names were included in the panel. Both the appeals were heard together by the Division Bench of this Court. In terms of judgment dated 7th April, 1998, the judgment of the learned Single Judge was modified. The Division Bench directed the Opposite Parties to prepare a list containing names of displaced persons as per the scheme prepared by the Company. The list, so prepared shall be sent to the Director, Project Land & Rehabilitation, for verification, who shall get the bona fide status and claim of such persons verified and submit the report in connection therewith to the Company. The Company will thereafter hold interview for selection of suitable candidates and prepare a panel containing the names of selected displaced persons and the names shall be placed in two categories as mentioned hereinbefore.

4. It appears that earlier a contempt petition was filed being MJC No. 139 of 1999(R) by one of the writ petitioners alleging, inter alia, that the direction given in LPA No. 161 of 1996(R) was not complied with. The said contempt petition was disposed on 1.8.2000 with a direction to the Management of the Company to implement the order passed by this Court within the specified time.

5. The case of the petitioner in the instant contempt petition is that in spite of the direction given by this Court the direction was not being complied with.

6. A detailed show-cause was filed by Opposite Party No. 2, Managing Director, Bokaro Steel Plant, Bokaro on 21.9.2005. After considering the show- cause, this Court vide order dated 18.10.2005 directed the Managing Director either to comply the order of this Court in letter and spirit or to a


















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