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2025 DAILYLAW 10848 (JHR)

NAND KISHORE SINHA v. SRI PRASHANT KUMAR PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT

Cont.(Cvl)/299/2024 · 2025-07-11

Deepak Roshan

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Judgment text

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2025:JHHC:18929 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No. 299 of 2024 --- Nand Kishore Sinha aged about 76 years, S/o Shri Awadh Prasad Sinha, R/o Gharaunda, Parmanand Path, Nageshwar Colony, District-Patna, P.O. and P.S.-Phulwari, Bihar, 800001 ... Petitioner Versus 1. State of Jharkhand. 2. Sri Prashant Kumar, S/o not known to the petitioner, Commissioner-cum-Secretary, Water Resources Department, Government of Jharkhand having its office at Nepal House, P.O. & P.S. Doranda, Ranchi 3. Accountant General, Ranchi, Jharkhand ....Opposite parties CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s): M/s. Manu Tripurari, Chandan Tiwari, Advocates For the O.P-State : Mr. Munna Lal Yadav, S.C(L&C)-III For the O.P-Accountant General : Dr. Ashok Kumar Singh, Advocate -- 10/11.07.2025 Though the Petitioner has opposed that the order has not been complied; however, a supplementary show-cause has been filed dated 02.07.2025, wherein from Paragraphs, 6, 7 & 8, it appears that the same has been complied. For brevity Paragraphs- 6,7 and 8 are extracted hereinbelow: “6. That in view of the aforesaid order of this Hon'ble Court, the answering opposite party most humbly and respectfully submits that the office of the Accountant General (A & E), Jharkhand, vide its letter dated 18.06.2025 issued necessary salary slips in respect of arrears of salary due to the petitioner and further vide letter dated 18.06.2025 authority slip for payment of Rs. 44,200/- to be paid to the petitioner under the head of due Unutilized Leave was issued. In view of the above authority letters issued by the office of the Accountant General (A & E), Jharkhand, the concerned Superintending Engineer, Water Resource Department, Govt. of Jharkhand, made payment of Rs. 4,48,159/ under the head of arrears of salary and Rs. 44,200/ under the head of unutilized leave due to the petitioner. An ePayment response dated 19.06.2025 to that effect has been annexed herewith for kind perusal of this Hon'ble Court. 7. That subsequently, the Pension Revision Order and Gratuity Payment Order both dated 20.06.2025 has also been issued by the office of the Accountant General (A & E), Jharkhand, copy of which has directly been sent to the District Treasure Officer, Doranda, Ranchi, for doing the needful. In this regard it is to submit that in view of the Pension Revision Order and Gratuity Payment Order both dated 20.06.2025, payment of the admissible dues to the 2025:JHHC:18929 2 petitioner has to be made by the District Treasure Officer, Doranda, Ranchi. 8. That in view of the aforementioned facts and circumstances, it is most humbly submitted that as in compliance of the order dated 17.02.2023, passed by this Hon'ble Court in W.P.S. No. 1729 of 2007, a decision has already been taken and a reasoned order to that effect has also been passed and subsequently, admissible dues payable at the end of the answering opposite party has also been paid to the petitioner, the order of this Hon'ble Court be considered complied with. As such, the instant contempt application filed by the petitioner against the answering opposite party is liable to be droppe”. 2. Accountant General’s affidavit, wherein Para 5 also supports the aforesaid contention. 3. Having regard to the aforesaid facts and circumstances, this Court is not interested in pursuing the contempt proceeding. Though, there is a delay in compliance of the order, but the same has been ultimately complied. If the petitioner is aggrieved by any calculation etc. for any part thereof, he may approach the appropriate Authority/Forum. 4. Accordingly, this contempt case (civil) stands disposed of. Consequently, pending I.A(s), if any, stands closed. (Deepak Roshan, J.) jk