Bharat Prasad Sinha vs State Of Jharkhand & Anr. on 19 August, 2011

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cont. Case ( Civil) No. 658 of 2010

          Bharat Prasad Sinha                     .....Petitioner
                                 Versus
          The State of Jharkhand & Anr.      .....Opposite Parties

          Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
                                    ---------
          For the Petitioner : Dr. H. Waris, Advocate
          For the State      : Mr. R. Mukhopadhyay, JC to SC II

          Order No. 02                             Dated the 19th August, 2011
                                 --------

                     Mr. Waris, learned counsel for the petitioner, submitted
          that the Secretary, Health & Family Welfare, Government of
          Jharkhand, Ranchi ( respondent no. 2) was directed to communicate
          the decision but the Director in Chief has communicated the decision
          dated 17.11.2009 ( Annexure-A), rejecting the claim of the petitioner.
                     On this, Mr. R. Mukhopadhyay, appearing for the State,
          submitted that it will appear from the order in question dated
          6.1.2006

, passed in Contempt Case No. 988 of 2004 that on the
submission of the State counsel, the matter was referred to the
Secretary but the competent authority is the Director in Chief and
moreover the said order dated 11.12.2009 was duly approved by the
Secretary vide noting dated 5.11.2009 in file.

In the circumstances, I am not inclined to proceed with
this contempt case. Accordingly, it is dropped with liberty to the
petitioner to move appropriate Forum against the said order dated
17.11.2009, as advised.

( R. K. Merathia, J)
Rakesh/