BINAY KUMAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-7-101
HIGH COURT OF JHARKHAND
Decided on July 09,2012

BINAY KUMAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THIS Court has passed following order: "1. Learned counsel appearing for the petitioner has vehemently submitted that the petitioner was appointed as an Assistant with effect from 1st January, 1987 (Annexure2 to the memo of the petition), in pursuance of the appointment letter at Annexure1 to the memo of the petition. The petitioner has served for more than one and half decade. Never any objection has been raised about the work style of the present petitioner. The petitioner has worked honestly, sincerely, diligently and to the satisfaction of the respondents. 2. It is further submitted by learned counsel for the petitioner that though the petitioner has worked from October, 1997 to June, 2002, the salary for this period has not yet been paid to him. The petitioner had earlier filed writ petition and, thereafter contempt application. The services of the petitioner have been brought to an end with effect from June, 2002. Nonetheless, salary for the aforesaid period has not yet been paid, therefore, the present petition has been preferred in the year 2005. Copy thereof has already been served in that very year to the office of the Advocate General of the State of Jharkhand. 3. Learned counsel for the respondents is seeking time to file counter affidavit. 4. It is misfortune for the petitioner that even after half a decade is lost in the Court, the respondents have not yet filed counter affidavit and today when the matter is called out and argued out in detail, learned counsel for the respondents is seeking time to file counter affidavit. 5. I therefore impose cost of Rs. 500/ (Rupees five hundred). The amount of cost will be deposited by the State of Jharkhand before the Mediation Centre, Nyaya Sadan, Doranda, Ranchi on or before the next date of hearing, which will be, thereafter, deducted from the salary/retirement benefits of the erring officer(s) of the respondentState, after holding necessary inquiry. 6. If the affidavit is not filed on or before the next date of hearing, I hereby direct respondent no. 3 to remain personally present before this Court on the next date of hearing at 2:15 p.m. If the affidavit is already filed, there is no need to remain personally present by the aforesaid officer. 7. The matter is adjourned to be listed on 4th October, 2010."
(2.) TILL date, no counter affidavit has been filed. Respondent No.3 is not present before this court as per the direction issued by the Court vide order dated 17th September 2012. Respondent No.3 to show cause as to why proceeding under the Contempt of Court be not initiated against him for non-compliance of the order dated 17th September 2012. He shall remain physically present on the next date of hearing i.e. on 22nd August 2012.;


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