High CourtsSingle Bench(2010) 09 JH CK 0083

Jharkhand Pradesh Rastriya Shashik Mahasangh vs The State of Jharkhand, Sri Prakash Chandra Mishra, Director of Primary Education and Sri Pradeep Choubey, District Superintendent of Education

Jharkhand High Court · Decided on 15 September 2010

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, J
RESULT
Dismissed
CASE NUMBER
Cont. Case (Civil) No. 691 of 2009

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Judgment

10 paragraphs · 366 words

D.N. Patel, J.—Having heard learned Counsel for both sides and looking to the facts and circumstances of the case, it appears that the following direction was given by this Court vide order dated 17th April, 2009 in W.P. (S) No. 570 of 2004:

The respondents are directed to dispose of the representation of the petitioner dated 8.11.2003 which has been annexed as annexure 9 at page 55, within a period of three months by a reasoned order and communicate the same to the petitioner.

Accordingly this writ petition is disposed of.

2.

In view of the aforesaid decision, an order has been passed by opposite party No. 3 on 12th May, 2010.

3.

It further appears from the facts of the case that there is some error in the order passed by opposite party No. 3 dated 12th May, 2010. In supersession of that order, a fresh order has been passed on 9th September, 2010, which is annexed at Annexure-B to the supplementary show-cause, filed by the opposite parties.

4.

Looking to the order dated 9th September, 2010, which is annexed at Annexure-B to the supplementary show-cause, it appears that a detailed speaking order has been passed by the opposite parties, which is in compliance with an order passed by this Court dated 17th April, 2009 in W.P.(S) No. 570 of 2004.

5.

Much has been agitated about the legality of the order passed by the opposite parties dated 9th September, 2010 and reliance has also been placed upon the decision rendered by this Court reported in 2002 (1) JLJR 12.

6.

Looking to the order passed by the opposite parties dated 9th September, 2010, there is no willful disobedience of the order passed by this Court dated 17th April, 2009 in W.P. (S) No. 570 of 2004.

7.

There is no substance in this application and, hence, the same is, hereby, dismissed. Liberty is reserved with the petitioner to challenge the order passed by the opposite parties dated 9th September, 2010, in accordance with law.

8.

Officer namely Shri Pradip Kumar Choubey, S/o Late Charu Chandra Choubey, District Superintendent of Education, Ranchi, is present in the Court. His presence is not required till further order.