AJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has come to this Court for initiation of contempt proceeding against the opposite parties for non-compliance of the order dated 28.8.2000 passed in CWJC No. 2649/2000(R).

(2.) The petitioner filed the aforesaid writ petition for payment of compensation for the damages caused to the vehicle of the petitioner during the Lok Sabha Election. It appears that the vehicle was requisitioned for Parliamentary Election. 1999. While the vehicle was on election duty it was damaged by explosion and fire by the extrimists. The vehicle was thereafter inspected at the instance of the Additional Collector. Chatra and the Motor Vehicles Inspector was directed to submit report after assessing the loss and damages caused to the vehicle. On the basis of these facts the writ petition was disposed of with a direction to the respondent Nos. 4 and 5 to take final decision in the matter of payment of compensation including the hire charges. The respondent No. 4 filed a show cause stating, inter alia, that the Election Commissioner issued a direction, vide letter dated 10.3.98, to all the District Election Officers that no compensation could be paid to any requisitioned vehicle in case of accident, loss or damages during the election duty. It is farther stated that the Deputy Commissioner has passed a final order on 23.9.2000 and thereby complied the order passed in the writ petition. A copy of the order dated 23.9.2000 passed by the Deputy Commissioner has been annexed as Annexure A to the how cause. The relevant portion of the order/decision of the Deputy Commissioner is reproduced herein below:--

(3.) In my opinion, the conclusion arrived at by the Deputy Commissioner cannot be sustained in law in the light of ratio decided by a Bench of this Court in the case of M/s Gray Hound Transport Company v. Union of India, CWJC No. 597/2000 (R). In similar facts and circumstances of the case, in the aforesaid decision, this Court relied upon the decision of the Full Bench in the case of Ram Narayan Singh v. Election Commission, (1996) 1 PLJR 621. The Full Bench observed:--