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Neutral Citation No. ( 2025:JHHC:20448 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case (Civil) No. 1123 of 2023
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Ravindra Kumar Ojha, S/o Sri Radha Krishna Ojha, R/o Village- Kanchanpur, P.O.- Kanchanpur, P.S. Ranka, District- Garhwa
... … Petitioner
Versus
1. The State of Jharkhand
2. Shri Shekhar Jamuar, Deputy Commissioner, Garhwa, P.O. & P.S.- Garhwa, District- Garhwa
... … Opposite Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Amit Kr. Tiwari, Advocate
For the Opp. Parties : Mr. Manish Kumar, Sr. SC-II
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15/25.07.2025 Heard Mr. Amit Kr. Tiwari, learned counsel for the petitioner and Mr. Manish Kumar, learned Sr. SC-II for the opposite parties. In this application, the petitioner has prayed for initiating a contempt proceeding against the opposite parties for willful and deliberate violation of the order passed by this Court in W.P.(S) No. 373 of 2018 dated 17.07.2023. The relevant of the order dated 17.07.2023 passed in W.P.(S) No. 373 of 2018 reads as follows:
“9. On consideration of the aforesaid facts, the action on the part of the concerned respondents appear to be arbitrary and unreasonable and consequently, this writ application stands disposed of with a direction to the respondent No. 3 (Deputy Commissioner, Garhwa) to consider the plea of the petitioner for shifting his date of promotion to Grade-4 from 25.11.2013 to 28.10.2002 and consequently grant of Grade-7 promotion on the basis of the findings noted above.”
During the pendency of the contempt proceeding, as submitted by the learned counsel for the petitioner that a reasoned order has been passed by the opposite party no. 2 which is contrary to the directions and observations made by this Court in the order dated 17.07.2023 passed in W.P.(S) No. 373 of 2018. Neutral Citation No. ( 2025:JHHC:20448 ) -2-
Mr. Manish Kumar, learned Sr. SC-II for the opposite parties on instruction has submitted a supplementary show cause in which certain reasons have been assigned declining to accede to the prayer of the writ petitioner. Mr. Amit Kr.
Tiwari, learned counsel for the petitioner has submitted that there are several vacancies to the post of Headmaster and only four posts in Garhwa District have been filled up and though the petitioner is qualified and eligible he is acting as an Incharge Principal of the concerned school but frivolous grounds have been taken by the opposite parties to deny the claim of the petitioner. Whatsoever has been submitted by the learned counsel for the petitioner seems not to be the subject matter of this contempt application as it appears that the order dated 17.07.2023 passed in W.P.(S) No. 373 of 2018 has been sufficiently complied with and a reasoned order has been passed and supplemented by certain reasons in the supplementary show cause and since these factual aspects are detrimental to the cause of the writ petitioner he can always avail of the benefit of approaching this Court by filing a writ application. So far as the present contempt application is concerned, I am not inclined to proceed further and consequently the same stands disposed of with a liberty to the petitioner as aforesaid. (Rongon Mukhopadhyay, J.)
Alok/-