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2025 DAILYLAW 32054 (JHR)

DR MAHABIR PRASAD GOPALIKA v. THE STATE OF JHARKHAND

Cont.(Cvl)/1079/2023 · 2025-02-28

Rajesh Shankar

Contempt Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 1079 of 2023 --- Dr. Mahabir Prasad Gopalika son of Late Madan Lal Gopalika, resident of Mohalla, P.O. & P.S.- Bhawanipur Rajdhan, District- Purnia (Bihar) … … Petitioner Versus 1. The State of Jharkhand 2. Sri Arun Kumar Singh, the Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi …. … Opp. Parties CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. S.K. Murtty, Advocate For the O.P. No. 2 : Mr. Zaid Imam, A.C. to S.C.-VII Order No. 12 Dated: 28.02.2025 The present contempt petition has been filed for initiation of contempt proceeding as against the opposite party no. 2 alleging willful violation of order dated 30.08.2023 passed in W.P.(S) No. 4105 of 2023. 2. Mr. Zaid Imam, learned A.C. to S.C.-VII appearing on behalf of the opposite party no. 2, refers to paragraph no. 14 of the show cause affidavit dated 23.02.2024 filed on behalf of the said opposite party, sworn by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, which reads as under: “14. That it is further humbly stated and submitted that with respect to the compliance of the Hon’ble Court’s order dated 30.08.2023, the answering respondent, vide order as contained in memo no. 124(3) dated 12.02.2024, has taken an informed decision and passed a reasoned order in the said matter. A copy of order as contained in memo no. 124(3) dated 12.02.2024 has been annexed as Annexure-D to the said show cause affidavit. 3. It is thus submitted that the aforesaid order of this Court has now been complied by the opposite party no. 2. 2 2 Cont. Case (Civil) No.1079 of 2023 4. As against this, learned counsel for the petitioner submits that the payment of gratuity and the admissible amount of commutation of pension etc. has illegally been denied to the petitioner vide order dated 12.02.2024. 5. Be that as it may. Since in compliance of the aforesaid order of this Court, a reasoned order has already been passed by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, there is no need to further proceed in the present matter. 6. The contempt proceeding as against the opposite party no. 2 is hereby dropped. 7. The petitioner is, however, at liberty to take appropriate recourse as permissible under law against the order as contained in memo no.124(3) dated 12.02.2024 passed by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand. 8. The contempt petition is accordingly disposed of. (Rajesh Shankar, J.) Ritesh/