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IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi, J.
Lal Babu Prasad - Petitioner
Versus
The State of Jharkhand and Others - Opposite Parties
Cont. Case (Civil) No. 475 of 2020
Decided On : 17-06-2022
Contempt - Non-compliance of court order - S.L.P. No.3386 of 2021 - L.P.A. No.264 of 2016 - Civil Review - Video Conferencing - COVID-19 pandemic
Fact of the Case:
The court dealt with a contempt petition regarding non-compliance of a court order. The petitioner claimed entitlement to a sum of Rs.15 lakhs but only received Rs.6,40,000. The court had provided indulgence and dispensed with the appearance of certain officers, but the order was still not complied with.
Finding of the Court:
The court observed that the order had not been complied with in its letter and spirit, despite earlier indulgence and dispensation of appearance. The State counsel assured compliance within two weeks, failing which the concerned officers would have to appear in person.
Issues: Non-compliance of court order, entitlement to arrears of salary
Ratio Decidendi: The court emphasized the importance of complying with court orders and providing accurate entitlements to the petitioner. It also highlighted the seriousness of non-compliance and the consequences for failing to adhere to court directives.
Final Decision: The matter was adjourned for admission on 08.07.2022, with a clear directive that if the order was not complied with within two weeks, the concerned officers would have to appear in person.
JUDGMENT :
1. Pursuant to order dated 19.02.2021, the Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer cum Divisional Manager, Ranchi appeared in the Court on 26.03.2021. On that day, Mr. Rajiv Ranjan, the learned Advocate General submitted S.L.P. No.3386 of 2021 has been dismissed by the Hon’ble Supreme Court which was filed by the State against the L.P.A. No.264 of 2016 and after dismissal of the S.L.P., Civil Review has been preferred before the Hon’ble Supreme Court and on his request the matter was adjourned for four weeks. On 25.06.2021 on request of Mr. Sachin Kumar, the learned AAG-II the matter was adjourned for 02.07.2021 and Mr.Sachin Kumar, the learned counsel was requested to supply the number and the date of filing of civil review to the Court within a week. On 02.07.2021 the matter was adjourned as the I.A filed by the State was not on the record. On 24.09.2021 the matter was adjourned for 01.10.2021 and on 01.10.2021 a detailed order was passed which speaks for itself:
Reference may be made to the orders dated 26.03.2021 and 25.06.2021 which reads as under:-
“26.03.2021:-Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Rajiv Ranjan, learned counsel for the State. This contempt petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.
Pursuant to order dated 19.02.2021, Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer-cum-Divisional Manager, Ranchi have appeared through video conferencing.
Mr. Rajiv Ranjan, learned Advocate General fairly submits that S.L.P. No.3386 of 2021 has been dismissed by the Hon’ble Supreme Court which was filed by the State against the L.P.A. No.264 of 2016. He submits that after dismissal of S.L.P., Civil Review bas been preferred before the Hon’ble Supreme Court. He submits that this matter may be taken up after four weeks for obtaining order in Civil Review.
Let this matter appear on 30th April, 2021.
At the request of learned Advocate General, appearance of Mr. K. Ravi Kumar, Principal Secretary, Department of Transport, Government of Jharkhand and Mr. Praveen Kumar Prakash, District Transport Officer-cum Divisional Manager, Ranchi is dispensed with for the time being.
25.06.2021:- Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Sachin Kumar, learned counsel for the opposite parties.
This Contempt petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.
Reference may be made to the order dated 26.03.2021. At the request of the learned Advocate General, appearance of Principal Secretary, Department of Transport, Government of Jharkhand and District Transport Officer-cum-Divisional Manager, Ranchi was dispensed with for the time being.
Today when the matter is taken up, Mr. Sachin Kumar, learned A.A.G.-II submits that this matter may kindly be taken up after four weeks.
Mr. Birendra Kumar, learned counsel for the petitioner at this stage submits that though it has been submitted by the learned A.A.G.-II on 26.03.2021 civil review has been preferred against SLP but his client instructed that no civil review has been preferred before the Hon’ble Supreme Court.
In that view of the matter, Mr. Sachin Kumar, learned counsel for the opposite parties is directed to take further instruction and will supply number and date of filing of the civil review to the Court within a week.
Post the matter on 02.07.2021.”
The aforesaid orders speak that L.P.A. No. 264 of 2016 filed by the respondents has been dismissed an
Importance of complying with court orders and accurately fulfilling entitlements as directed by the court
The court emphasized the necessity of compliance with its orders and allowed state officials to draw salaries pending further compliance, highlighting the importance of adhering to court directives.
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