Dr. Sidheshwar Pd. Singh vs State of Jharkhand

R.R. Prasad, J.—On 23.11.2010, the writ application was disposed of directing the Petitioner to file a fresh representation raising all the claims and to submit necessary document for fixation of pension before the Civil Surgeon-cum-Chief Medical Officer, Lohardaga (Respondent No. 3)-opposite party No. 1 within three weeks from that day and the Respondent No. 3-opposite party No. 1 was directed to take decision in the matter of payment of retiral dues and to do needful in the matter of fixation of pension.

Pursuant to that order, representation, according to learned Counsel appearing for the Petitioner, was filed on 13.12.2010 but still, as per counsel appearing for the Petitioner, no decision has been taken by the Respondent No. 3 and therefore, this contempt application has been filed for proceeding with the contempt matter on account of non-compliance of the order dated 23.11.2010.

When the matter relating to contempt was taken, an order was passed on 17.3.2011 whereby the case at the instance of leaned counsel appearing for the opposite party was adjourned for four weeks so that an affidavit regarding compliance of the order be filed but no affidavit in this respect has been filed.

Learned Counsel appearing for the State submits that the said order had been communicated to the opposite party No. 1 twice, i.e. on 23.2.2011 and then on 18.3.2011 but still no response has been made by the opposite party No. 1.

However, I am restraining myself at this stage to record as to whether prima facie opposite party No. 3 has disobeyed the order or not willingly.

However, with a view to give last opportunity, as prayed for, let this matter be listed again on 25.4.2011 for filing affidavit regarding compliance of the order, failing which necessary order shall be passed.

Let a copy of this order be handed over to learned Counsel appearing for the opposite party for needful.