Fredinand Kispotta vs State Of Jharkhand

Rajesh Shankar, J

The present contempt case has been filed for initiating contempt proceeding against the opposite parties for their wilful and deliberate violation of the order dated 21st January, 2021 passed in W.P. (S) No.3976 of 2019.

Reference may be made to the order dated 7th May, 2024, which reads as under:

Mr. Priyadarshi, learned G.P.VI refers to paragraph nos.7 & 8 of the show cause affidavit dated 22nd April, 2024 filed on behalf of opposite party no.2, which read as under:

“7. That it is most humbly and respectfully submitted that in compliance of the order dt. 21-01-21 passed in W.P.(s) no. 3976/2019 and order dated 14-08-2023 passed in L.P.A. No. 361/2021, the punishment order relating to petitioner containing notification no. 12651(s), dt.09-12-13 has been abrogated vide notification no. 893 (s), dated 26.02.2024 and the Departmental proceeding has been started against him vide notification no. 900(s), dated 26- 02-2024.

That it is submitted that the copy of notification no. 893(s), dt. 26-02-24, abrogating punishment order notification no. 12651(s), dt. 09-12-13 has been sent to the Accountant General, Jharkhand and The Deputy Secretary, Finance (Personal Claim Fixation Cell) Department, Jharkhand to issue pay slip in favour of the petitioner for payment of  his  Salary  dues  in  the  light  of  the  said notification. The reminder has also been sent in this  regard  vide  letter  no.1541(s)WE,  dated 28.03.2024.”

Learned counsel for the petitioner, on instruction, submits that though as per paragraph no.18 of the earlier show cause affidavit dated 13th February, 2024 filed on behalf of opposite party no.2, 90% provisional pension was sanctioned to the petitioner vide order no.3179(s) dated 28th June, 2023, however, the petitioner has not yet been paid the said provisional pension. It is also submitted that various other admissible retiral dues have also not been paid to the petitioner.

Considering the said aspect of the matter, let a supplementary show cause affidavit be filed on behalf of the opposite party no.2 positively within four weeks, giving details of the admissible retiral dues paid to the petitionerincluding pension pursuant to the order dated 21st January, 2021 passed in W.P. (S) No.3976 of 2019.

Put up this case under the same heading on 13th  June, 2024.”

Pursuant to the said order, a show cause affidavit dated 20th June, 2024 has been filed on behalf of the opposite party no.2.

Mr. Ankit Kumar, learned A.C. to G.P.II refers to paragraph nos.6 & 9 of the said show cause affidavit, which read as under:

“6. That it is most humbly and respectfully submitted that the petitioner has been granted provisional pension of 90% vide order no.3179(s) WE, dt. 28-06-2023 and his gratuity is with held due to pending CBI case no.RC 14(A)/09(R) in the light of Rule 43(c) of the Jharkhand Pension Rules. The pension paper, all no dues certificates and service record of the petitioner has been sent to the Accountant General, Jharkhand, Ranchi to issue PPO in his favour.

That it is most humbly and respectfully submitted that it has been requested to the Finance (Personal Claim Fixation Cell) Department, Jharkhand, Ranchi vide letter no.2885(s), dt. 09-06-2023 to make available the unutilised earned leave account in favour of the petitioner so that payment for 300 days earned leave in his favour may be sanctioned. The reminder has been sent in this regard vide letter no.2402(s) dt. 10-06-2024 to the Finance (Personal Claim and Fixation) Department, Jharkhand, Ranchi. It is worth to mention in this regard that the petitioner was suspended vide notification no.129(s), dt. 06-01-2011 and was in custody from dt. 6-6-12 in Birsa Munda Central Jail, Hotwar, Ranchi in CBI case no. RC 14(A)/09 (R). He superannuated from service on dt 31-07-2015 in his suspension period.”

It is, thus, submitted that the aforesaid order of this Court has substantially been complied.

Having heard learned counsel for the parties as well as on consideration of the operative part of the order dated 21st January, 2021 passed in W.P. (S) No.3976 of 2019, this Court is of the view that no case of contempt is made out against the opposite parties. Hence, contempt proceeding as against the opposite parties is hereby dropped.

The present contempt case stands disposed of.

The petitioner is, however, at liberty to take appropriate recourse as available under law claiming full pension, gratuity and other admissible retiral dues.