JYOTSHNA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises from an order in a contempt case wherein the Division Bench refused to entertain the petition, finding that in the context of the prayers made before the writ court, the submission that the retrospective promotion directed in the LPA should relate back to the date on which the appellant's immediate junior was promoted, was clearly unfair. The order in the LPA from which the contempt petition arose, issued a mandamus categorically directing consideration of consequential benefits of writ petitioner including consideration of her case for promotion with retrospective effect, after setting aside the disciplinary proceedings initiated with a delay of about 10 years, which proceeding was also conducted in total violation of the principles governing departmental proceedings.

(3.) We are of the view that the Division Bench egregiously erred in rejecting the contempt petition. Considering the long pendency as also the fact that the appellant is now retired, we were inclined to consider the merits of the claim made before the contempt court, for which a brief reference to the background facts is absolutely necessary.