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Jharkhand High Court

Universal Infotech Ranchi vs State Of Jharkhand & Ors. ... ... Opp. ... on 7 July, 2022

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
         Cont. Case (Civil) No.330 of 2021
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Universal Infotech Ranchi .... ... Petitioner Versus State of Jharkhand & Ors. ... ... Opp. Parties

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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner :Mr. Onkar Nath Tiwary, Advocate For the Opp. Parties :Mr. Prabhash Chandra Sinha, A.C. to G.A.-III

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th Order No. 05/Dated 7 July, 2022 The instant contempt case has been filed for initiation of proceeding against the concerned opposite party under Contempt of Courts Act for alleged non- compliance of order dated 31.07.2019 passed in W.P.(C) No.1672 of 2019.

The order has not been complied with, as would appear from show cause filed on behalf of opposite party on 31.07.2021.

This Court has heard the matter on 05.07.2022 and taking into consideration the fact that the order has not been complied with, therefore, the Director, Employment and Training-cum-Member Secretary, Jharkhand Society for Skill Development Initiative Skills, Ranchi has been called upon to personally appear before this Court to explain as to why the order has not been complied with even though the order has been passed on 31.07.2019.

The Director concerned has not appeared, rather, one un-instituted interlocutory application has been filed. 2 The same has been taken on record with a direction upon the office to institute the same.

This Court, on perusal of the said application seeking exemption from personal appearance on the ground that the officer concerned is suffering from COVID-19, as would appear from paragraph 5 of the interlocutory application.

Considering the said reason, the Director, Employment and Training-cum-Member Secretary, Jharkhand Society for Skill Development Initiative Skills, Ranchi is exempted from personal appearance for the present.

The instant interlocutory application stands disposed of.

Since the Director could not appear, therefore, Mr. Devendra Prasad, Deputy Director (HQ), Employment and Training, Jharkhand, Ranchi along with Employment Officer, namely, Mr. Pankaj Kumar Giri, have appeared and submitted by placing reliance upon Annexure-A to the show cause dated 31.07.2021, which is the order said to have been passed in pursuance of this Court's order dated 31.07.2019 in W.P.(C) No.1672 of 2019 stating therein that the claim of the petitioner, since is under enquiry by the Anti-Corruption Bureau, therefore, the amount has not been paid.

Learned counsel appearing for the petitioner has submitted that the Anti-Corruption Bureau has already 3 conducted enquiry but since the copy of the same is not available with him, therefore, no affidavit, annexing such documents, has been filed.

Therefore, prayer has been made on behalf of learned counsel for the petitioner to implead the Anti- Corruption Bureau as party to the proceeding in order to know the actual facts.

Considering the aforesaid reason, let the Anti- Corruption Bureau, Jharkhand, Ranchi through its Director General, be impleaded as Opposite Party No.4.

Office is directed to implead Anti-Corruption Bureau, Jharkhand, Ranchi through its Director General, be impleaded as Opposite Party No.4.

Mr. Prabhash Chandra Sinha, learned A.C. to G.A.- III, undertakes to communicate this order to Anti- Corruption Bureau forthwith.

Let this matter be posted on 28.07.2022, on that date the Anti-Corruption Bureau will come with the status of the enquiry said to have been initiated, basis upon which the order dated 11.10.2019 has been passed.

The Director, Employment and Training-cum- Member Secretary, Jharkhand Society for Skill Development Initiative Skills, Ranchi will remain physically present on the next date of hearing i.e., 28.07.2022.

(Sujit Narayan Prasad, J.) Birendra/