Jharkhand High Court Imposes Rs 25,000 Cost Each On Four Officials For Violating Order

The High Court has ordered Secretary Prashant Kumar, Chief Engineer Jamil Akhtar, Superintendent Engineer Sanjiv Kumar and Executive Engineer Ranjit Kujur to deposit the said amount before the Registrar General, Jharkhand High Court, Ranchi.

The Single Bench of Justice Sanjay Kumar Dwivedi held, “There is no doubt that the Power under the Contempt of Courts Act is required to be exercised with utmost care and caution and sparingly in the larger interest of the society and for proper administration of justice delivery system. At the same time, however, it is not only the power but the duty of the court to uphold and maintain the dignity of courts and majesty of law which may call for such extreme step. If for proper administration of justice and to ensure due compliance with the orders passed by a court, it is required to take a strict view under the Act, it should not hesitate in wielding the potent weapon of contempt.”

The Bench also ordered, “...this Court imposes cost of Rs. 25,000/- on each of the contemners to be deposited before the Registrar General, Jharkhand High Court, Ranchi and on deposit, the said amount will be transferred to the Jharkhand State Legal Services Authority.”

Advocate Manoj Tandon represented the Petitioner while S.C.-II Prabhat Kumar represented the State.

Factual Background

A Writ Court order directing the respondents to pay salary to the petitioner for the period he had worked on Class-III post was challenged by the respondents-opposite parties before the Division Bench and the same was dismissed. The Supreme Court also dismissed the Special Leave to Appeal and granted four weeks to the State to implement the order passed by the High Court. However, the writ court order was not complied with. A notice was also issued to the opposite parties under Rule 393 of the Jharkhand High Court Rules, 2001 and an undertaking was given by the Principal Secretary, Water Resources Department, Government of Jharkhand that the writ court order would be complied with and the amount would be recalculated.

When the matter was next taken up for hearing, it was brought to the Court’s notice that an increment of Rs 1 lakh had been paid to the petitioner. It was the petitioner’s case that he worked as a Typist from November 15, 2000, to December 27, 2020, and the increment would exceed Rs 11 lakh. The Court found that certain mischief had been made and accordingly held that this was a fit case to frame a charge against the contemners. Pursuant to the order dated August 22, 2025, four Officials of the Water Resources Department, i.e. Secretary Prashant Kumar, Chief Engineer Jamil Akhtar, Superintendent Engineer Tenughat Dam Division Sanjiv Kumar and Executive Engineer Tenughat Dam Division Ranjit Kujur were physically present before the High Court.

Reasoning

The Bench took note of the submission that re-calculation had been made and a sum of Rs 11,87,230 had already been paid to the petitioner. The Bench also noticed that even after giving the undertaking, the Court’s order was not complied with, and this was done by way of wilful and deliberate violation of the Court’s order.

“The Courts are very lenient in contempt proceedings, the courts order are complied with any harsh order is not being passed however, conduct of the opposite parties as discussed hereinabove clearly suggests that they are in contempt and that cannot be accepted seeing the subsequent conducts of the contemners which clearly suggests that there is continued violation of the order passed by this Court even after giving the undertaking at Bar which has been recorded in order dated 04.07.2025 noted hereinabove”, it said.

The Court was satisfied that there was a wilful and deliberate violation of this Court order. The Bench thus ordered, “In exercise of power under Article 215 of Constitution of India the Court has power to exercise quantum and further taking the lenient view in the matter and considering the long career of Mr. Prashant Kumar, Secretary, Water Resources Department and Mr. Md. Jamil Akhtar who is going to retire on 31.08.2025 and today is his last working day in the service, this Court imposes cost of Rs. 25,000/- on each of the contemners to be deposited before the Registrar General, Jharkhand High Court, Ranchi and on deposit, the said amount will be transferred to the Jharkhand State Legal Services Authority.”

The matter has now been listed on September 12, 2025.

Cause Title: Lakhan Prasad Yadav v. The State of Jharkhand (Case No.: Contempt Case (Civil) No. 164 of 2021)

Appearance

Petitioner: Advocates Manoj Tandon, Rakesh Kumar Roy

State: S.C.-II Prabhat Kumar

Click here to read/download Order