RUPAM SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, a Lecturer in Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, applied for grant of medical leave for a week on 07/08/2008. After getting fit to resume her duty, the petitioner reported on 14/08/2008, but the Principal of the college did not allow the petitioner to join her duty, rather on 18/08/2008, an order was passed by the Principal by which the petitioner was forced to go on medical leave for six months. Being aggrieved with that order, a writ application bearing W.P. (S) No. 1314 of 2009, was filed. That writ application was disposed of on 19/10/2011. The operative part of the orders are as follows:-

(2.) On 18/11/2011, a review application bearing Civil Review No. 104 of 2011, was filed on behalf of the Principal, Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, seeking review of the order passed in the aforesaid writ application on the ground that the petitioner cannot be allowed to join the post as the Science Faculty does not have any affiliation either with the Jharkhand Academic Council or with the Human Resource Department, Government of Jharkhand, Ranchi. That review application was disposed of after observing that the matter relating to writ application never concern with the joining of the petitioner in the Department of Physics, rather it was concerned with the matter where the petitioner was forced to go on medical leave for six months, which order was quashed. In that situation, it was held that the order dated 19/10/2011, passed in the writ application never warrants to be reviewed.

(3.) Thereupon, this contempt application was filed for initiating a proceeding under the Contempt of Court Act against the Principal for not allowing the petitioner to join on the post, which she was holding and also for not paying the consequential financial benefits as ordered by this Court in the writ application.