MD ASHIQUE ADAMED Vs. UNION OF INDIA

JUDGEMENT

(1.) In spite of the repeated directions of this Court and on showing anguish by various Benches of this Court, the replies are not being filed in all matters. In these matters also, where the serious issues have been raised by the writ petitioners, reply has not been filed in the matter of July, 2010. Therefore, in view of the flouting of the order of this Court, copy of which is lying with the Government, we think it proper to initiate a proceeding of contempt of this Court against the Chief Secretary, Government of Jharkhand and Secretary, Department of Welfare, Project Building, Dhurwa.

(2.) However, last opportunity is granted to file counter affidavit in these matters on payment of cost of Rs. 10,000/- each recoverable from the Officer in-charge of these cases.

(3.) The learned Advocate General has put his appearance at this stage and in view of the submission of learned Advocate General, presently we are not initiating contempt proceeding against the Chief Secretary, Government of Jharkhand and Secretary, Department of Welfare, Project Building, Dhurwa. But in this case itself, we are directing the Advocate General to submit the list of the cases, in which, the reply has not been filed since last two years and the cases are pending for filing reply since last two years. We are making it clear that furnishing of wrong affidavit will amount to contempt of this Court, which will be separately registered apart from the matter of not filing the reply in these matters and this Court will also pass a blanket order that if the reply is not filed within a reasonable time fixed by this Court, the Court shall adjourn the matter only after imposing the cost, which would be recoverable from the Officer concerned along with departmental action, which would be taken by the department.