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Pradeep Kumar Singh Vs. the State of Jharkhand and ors.

Pradeep Kumar Singh vs The State of Jharkhand and ors.

Type Court Judgment Court Jharkhand Decided Jul 03, 2008
~2 min read
https://sooperkanoon.com/case/518813

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Citation
Court
Jharkhand High Court
Judge
Decided On
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- CONSTITUTION OF INDIA Article 215: [M. Karpaga Vinayagam, CJM, .Y.Eqbal & Amareshwar Sahay, R.K. Merathia, Narendra Nath Tiwari, JJ] Contempt Proceedings Review Powers of High Court Held, Article 215 of the Constitution vests the High Court with all the powers of court of record including the power to punish fo...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Pradeep Kumar Singh

Respondent

The State of Jharkhand and ors.

Legal References

Reported In
[2008(3)JCR462(Jhr)]

Excerpt

.....record including the power to punish for its contempt. this special jurisdiction is inherent in a court of record from the very nature of the court itself. the said special power is not subject to the procedural law either of the criminal procedure code or the contempt of courts act. the high court can deal with the matter summarily and can adopt its own procedure. however, if the high court initiates the proceeding as a court of record, principle of natural justice must be applied and the contemner should be given sufficient opportunity to know the accusation and to defend himself. in the instant case, the contemner was served with the notice to show cause. he was well aware of the accusation. he also admitted his guilt. in view thereof, contention of the contemner lawyer that he was not heard on merit of the contempt application and the impugned judgment of punishing petitioner in contempt of court is violative of principles of natural justice, is not tenable. article 215: contempt proceedings review of conviction held, it is the solemn duty of the bench and bar to maintain and uphold the majesty, authority and dignity of the courts for the sustenance and progress of democracy in our country particularly at the juncture when there are number of instances of outside attempt to disintegrate and destroy the democratic set up of our country. such conduct of a member of the bar brings the authority of the court and the administration of justice into disrespect, erodes and undermine the foundation of the judiciary by shaking faith and confidence of the people in the ability of the courts to deliver free and fair justice, it is a deliberate attempt to insult the high court and denigrate the authority and solemnity and court strongly deprecate such attempt made with biased attitude. such indiscriminate allegations against judges, who are the members of the bench, cannot be a ground for review of the impugned judgment. punishment of prohibiting appearance of..........of jharkhand, ranchi refusing to approve petitioner's appointment on the ground that he was not appointed after following the due procedure.3. in my opinion, at best it can be said to be a case of irregularity and not illegality and therefore, petitioner's case for approval of his appointment requires reconsideration.4. in the circumstances, the impugned order dated 11.2.2008 is set aside and the matter is remitted back to the director, secondary education, government of jharkhand, ranchi (respondent no. 3) to reconsider the matter of approval of the services of petitioner. he will call for the relevant records from the managing committee of the school and the district education officer. after looking into the records, he will pass a reasoned order in accordance with law as early as possible and preferably within a period of two months from the date of receipt/production of a copy of this order.5. if the appointment of the petitioner is approved, he will also pass order with regard to payment of arrears/current salary for the period he actually worked, which will be paid to the petitioner as early as possible and preferably within a period of four weeks thereafter.6. with these observations and directions, this writ petition is disposed of.

Full Judgment

R.K. Merathia, J.

1. Heard the Parties finally.

Initially, petitioner sought direction for payment of salary since 25.2.1989. During pendency of the writ petition, the approval of the petitioner's appointment has been refused by order dated 11.2.2008 by the Director, Secondary Education, Government of Jharkhand, Ranchi, which has also been challenged by way of amendment petition (I.A. No. 718 of 2008).

2. It appears that petitioner was appointed by the Managing Committee of PunjabiKanya Uchh Vidyalaya, Agrico, Jamshedpur (respondent No. 5), sometime in the year 1982 after notifying requirement on the notice board and after holding interview. He got trained on or about 25.02.1989. Then the District Education Officer by letter dated 31.2.1989 forwarded his name to the Director, Secondary Education, Bihar, Patna for approving his services. By letter dated 31.12.1990, the Director, Secondary Education, forwarded the petitioner's name to the Vidyalaya Seva Board, Patna, but no order either approving or disapproving the appointment of petitioner was passed. Now during the pendency of this writ petition the said order dated 11.2.2008 has been passed by the Director, Secondary Education, Government of Jharkhand, Ranchi refusing to approve petitioner's appointment on the ground that he was not appointed after following the due procedure.

3. In my opinion, at best it can be said to be a case of irregularity and not illegality and therefore, petitioner's case for approval of his appointment requires reconsideration.

4. In the circumstances, the impugned order dated 11.2.2008 is set aside and the matter is remitted back to the Director, Secondary Education, Government of Jharkhand, Ranchi (respondent No. 3) to reconsider the matter of approval of the services of petitioner. He will call for the relevant records from the Managing Committee of the School and the District Education Officer. After looking into the records, he will pass a reasoned order in accordance with law as early as possible and preferably within a period of two months from the date of receipt/production of a copy of this order.

5. If the appointment of the petitioner is approved, he will also pass order with regard to payment of arrears/current salary for the period he actually worked, which will be paid to the petitioner as early as possible and preferably within a period of four weeks thereafter.

6. With these observations and directions, this writ petition is disposed of.

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