IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case(Civil) No. 705 of 2009
Sushil Kumar Lala ...... Petitioner
Versus
Mineral Area Development Authority & others ......Opposite Parties
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : M/s Someshwar Roy, Manish Kumar, Advocates
For the State : J.C. to G.P.IV
For the MADA : Mr. Bhawesh Kumar, Advocate
th
15/Dated: 29 August, 2011
1.
The present contempt application has been preferred for alleged
breach of the order, passed by this Court dated 14th May, 2009, which was
passed while finally disposing of W.P. (S) No. 1991 of 2009.
2. Counsel appearing for the M.A.D.A. submitted the order, for non
compliance of which this contempt application has been preferred, has now
been complied with and the total amount of Rs. 1,34,809/ has been paid
and the dues, which are legally payable to the petitioner, has already been
paid.
3. Counsel for the petitioner submitted that Rs. 1,57,663/ is yet to be
paid by the opposite parties, but, when this Court raised a query for more
than one occasion to give detail calculation of the aforesaid amount, the
counsel for the petitioner miserably failed in giving bifurcation of the
alleged amount which is due. Counsel for the petitioner is unable to point
out what is per month difference of the so called Assured Career
Progression to be recovered from the opposite parties. Hence, he is unable
to give any calculation of the amount of Rs.1,57,663/.
4. Counsel for the M.A.D.A. submitted that the legally payable amount
has already been paid to the petitioner.
5. Having heard counsel for both the sides and looking to the facts and
circumstances of the case, I see no reason to initiate any action against the
opposite parties under the Court of Contempt Act. There is now willful
disobedience of the breach of the order, passed by this Court dated 14th
May, 2009 in W.P.(S) No. 1991 of 2009.
6. There is no substance in this contempt application, hence the same
is, hereby, dismissed.
(D.N. Patel, J.)
VK/