Lalu Toppo vs State Of Jharkhand & Ors on 22 June, 2011

Jharkhand High Court
Lalu Toppo vs State Of Jharkhand & Ors on 22 June, 2011
                            W.P. (S) No. 2941 of 2010
             Lalu Toppo                     ...   ...     ...     ...    Petitioner
             The State of Jharkhand and others    ...     ...     ...    Respondents
             CORAM:         HON'BLE MR. JUSTICE N. N. TIWARI
             For the Petitioner:         Mr. Sumit Gadodia
             For the Respondents:        Mr. A. Allam, Sr. S.C.II
             I.A. No.3906 of 2011
10/ 22.06.2011

In this interlocutory application, the petitioner has prayed for initiation
of a suo motu contempt proceeding against the respondents.

It has been stated that by order dated 12.8.2010, this Court had directed
not to give effect to annexure-3 for a period of two weeks. Subsequently, by
order dated 8.10.2010, the operation of annexure-3 was stayed. It has been
stated that in spite of the said orders, the petitioner was not allowed to join the
post by the respondents and as such, the respondents have violated the order of
this Court and committed contempt of the Court.

A reply has been filed on behalf of the respondents stating, inter alia,
that much before the order was passed, one Shaligram Singh was posted as
Executive Engineer, Rural Works Department, Garhwa. The said fact was not
brought to the notice of this Court by the petitioner and consequently, the said
orders were passed by the Court. It has been submitted that the respondents have
not violated the order of this Court. In support of the said statement, the
respondents have also annexed the order showing posting of Shaligram Singh as
Executive Engineer, Works Division, Garhwa by virtue of an order issued by
Memo No.2140 dated 9.8.2010.

Having considered the said facts and circumstances, I do not find any
ground for initiating contempt proceeding against the respondents.

I.A. No.3906 of 2011 stands disposed of.

W.P. (S) No.2941 of 2010
This writ petition shall be heard.

Since the respondents have already appeared, no notice need be issued.

(N. N. Tiwari, J)

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