IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 471 of 2009
Manoj Kumar ...... Petitioner
Versus
The State of Jharkhand & others ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : Mr. Hardeo Prasad Singh, Advocate
For the Opposite Parties: J.C. to Sr. S.C.I
11/Dated: 29
th
March, 2011
1.
Counsel for the petitioner submitted that the order for non
compliance of which this contempt application has been preferred, which is
dated 12th February, 2009 in W.P.(S) No. 4758 of 2008 was challenged in
Letters Patent Appeal No. 357 of 2009 by the State Government. This
Letters Patent Appeal was dismissed by the Division Bench of this Court vide
order dated 21st June, 2010, as submitted by the counsel for the petitioner.
2. Counsel for the opposite parties seeks time to get further instructions.
3. In view of this submissions, I hereby, direct opposite party no. 2 to
take appropriate decision, if not taken, looking to the facts and
circumstances of this Case and as directed by this Court vide order dated
12th February, 2009 in W.P.(S) No. 4758 of 2008 on or before the next date
of hearing, failing which, I hereby, direct opposite party no. 2 or a
responsible officer deputed by him, not below the rank of Deputy Secretary
of the concerned department, who is well conversant with the facts, to
remain personally present before this Court on the next date of hearing at
10.30 a.m. If the order has already been complied with then there is no
need of the aforesaid officer to remain personally before this Court on the
next date of hearing.
4. It appears that counter affidavit has also not been filed by the State
despite the fact that a copy of this contempt application has been served
upon them on 13th August, 2009. It is expected from opposite party no. 2
that proper care should be taken about the due compliance of the order
passed by this Court in earlier writ application.
5. The matter is adjourned on 2nd May, 2011.
(D.N. Patel, J.)
VK