Jharkhand High Court Directs Withholding Salaries Of Two Officials Of State Education Department For Violating Orders
The Jharkhand High Court has directed to withhold salaries of School Education and Literacy Department’s Secretary and the Director of Secondary Education for circumventing the earlier Orders of the Court and failing to comply with the same.
The High Court noticed that the State was changing its counsel at its own convenience and emphasized that it deprecated the conduct of the Authorities of the State Government.
The Single-Judge Bench of Justice Sanjay Prasad ordered, “This Court fails to understand the approach of the State Authorities, as time and again the petitioners have compelled to move before this Court for the wrong acts of the State Authorities of the Department particularly the Director, Secondary Education, Government of Jharkhand.”
Advocate Rajendra Krishna represented the Petitioners while Government Advocate Jayant Franklin Toppo represented the Opposite Parties.
The Petitioners, Deepak Kumar & Rashmi Prasad, had approached the High Court with the Contempt Applications. The High Court had earlier held that the order rejecting the approval of the appointment of the Petitioners was passed without proper application of mind by the Director of Secondary Education and the Authorities were asked to take a considered decision in the matter. The petitioners had filed petitions in the year 2012 and the Co-ordinate Bench of this Court had directed the State Authorities to decide the case of the petitioners by passing a detailed speaking order. However, the claims of the writ petitioners were again rejected in 2016.
“Thus, this was the 3rd round of litigation due to improper approach of the Respondent Authorities by their own convenience and they are taking different stands”, the Bench asserted.
In the present matter, the Court was informed that the Director of Secondary Education was not present, however, the Joint Secretary and the DEO were present in Court. The Bench noted that last month, the High Court had taken a liberal view when the opposite parties were present in Court and it was stated by AAG-III, Ashutosh Anand, in their presence that they were likely to comply with the order passed in January.
The Bench noted that the School Education and Literacy Department’s Secretary rejected the claim of these petitioners without considering the observation made by the Co-ordinate Bench. The said order dated June 21,2016 passed by the Secretary was quashed with the direction to approve the services of these petitioners within the certain period. Thereafter, when these cases were placed before the High Court this year, show cause notice was issued to the opposite parties as to why a proceeding of contempt be not initiated against them for not complying with the earlier order. The Secretary and the Director were directed to remain physically present. On that occasion too they had also prayed for 10 weeks’ time.
The Bench noticed when the present matter was taken up for consideration then also opposite party no. 3 was absent. “Thus, it is evident that the State is changing its counsel at its own convenience and this Court deprecates the conduct of the Authorities of the State Government”, it said.
“It is evident that the petitioners have been harassed by anything. It appears that the opposite party nos. 2 and 3 are trying to circumvent the order passed by this Court”, the Bench held.
The Court thus ordered, “Under the circumstances, issue show cause notice to the opposite party nos. 2 and 3 as to why a proceeding of contempt be not initiated against them for violating the order passed in W. P. (S) No. 4074 of 2016 and W. P. (S) No. 4418 of 2016 by this Court. Opposite party no. 2 and the opposite party no. 3 must file their respective show cause on that date, failing which the Court may draw adverse inference against them.”
Listing the matter on January 3, 2025, the Bench directed, “Till then, the Secretary, School Education and Literacy Department, Government of Jharkhand and the Director, Secondary Education, Government of Jharkhand shall not draw any salary till further order of this Court.”
Cause Title: Deepak Kumar v. State Of Jharkhand [Case No.Cont. Case (Civil) No. 861 of 2024]
Appearance:
Petitioners: Advocates Rajendra Krishna, Neeta Krishna
Opposite Parties: Government Advocate Jayant Franklin Toppo, Advocate Neil Abhijit Toppo
