IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 691 of 2009
Jharkhand Pradesh Rastriya Shashik Mahasangh, Ranchi through its General
Secretary Sidheshwar Prasad ...... Petitioner
Versus
1.
The State of Jharkhand
2. Sri Prakash Chandra Mishra, Director of Primary Education, Jharkhand,
Ranchi
3. Sri Pradeep Choubey, District Superintendent of Education, Ranchi
…… Opposite Parties
CORAM: HON’BLE MR. JUSTICE D.N.PATEL
For the Petitioner : Mrs. M.M. Pal, Sr. Advocate
For the Opposite Parties : Mr. D.K. Dubey, S.C. (Mines)
th
06/ Dated: 15 September, 2010
1. Having heard learned counsel for both sides and looking to the facts
and circumstances of the case, it appears that the following direction was
given by this Court vide order dated 17th April, 2009 in W.P. (S) No. 570 of
2004:
“The respondents are directed to dispose of the representation of the
petitioner dated 8.11.2003 which has been annexed as annexure 9 at page
55, within a period of three months by a reasoned order and communicate
the same to the petitioner.
Accordingly this writ petition is disposed of.”
2. In view of the aforesaid decision, an order has been passed by opposite
party no. 3 on 12th May, 2010.
3. It further appears from the facts of the case that there is some error in
the order passed by opposite party no. 3 dated 12th May, 2010. In super
session of that order, a fresh order has been passed on 9 th September, 2010,
which is annexed at AnnexureB to the supplementary showcause, filed by
the opposite parties.
4. Looking to the order dated 9th September, 2010, which is annexed at
AnnexureB to the supplementary showcause, it appears that a detailed
speaking order has been passed by the opposite parties, which is in
compliance with an order passed by this Court dated 17th April, 2009 in
W.P. (S) No.570 of 2004.
5. Much has been agitated about the legalit y of the order passed by the
opposite parties dated 9th September, 2010 and reliance has also been
placed upon the decision rendered by this Court reported in 2002 (1)
JLJR 12.
2
6. Looking to the order passed by the opposite parties dated 9th September,
2010, there is no willful disobedience of the order passed by this Court dated
17th April, 2009 in W.P. (S) No. 570 of 2004.
7. There is no substance in this application and, hence, the same is, hereby,
dismissed. Liberty is reserved with the petitioner to challenge the order
passed by the opposite parties dated 9th September, 2010, in accordance with
law.
8. Officer namely Shri Pradip Kumar Choubey, S/o Late Charu Chandra
Choubey, District Superintendent of Education, Ranchi, is present in the Court.
His presence is not required till further order.
`
(D.N. Patel, J.)
Ajay