STATE OF JHARKHAND Vs. TULSI PASWAN

JUDGEMENT

(1.) The instant intra Court Appeal under Clause-10 of the Letters Patent is directed against the order dtd. 13/10/2023 passed by the learned Contempt Court in Contempt Case (Civil) No.929 of 2022 whereby and whereunder the learned Contempt Court has observed that the claim of regularization of the petitioners have been erroneously rejected and the order passed in W.P(S) No.2538 of 2017 has not been complied with in its true letter and spirit.

(2.) Office has pointed out defect with respect to maintainability of the instant appeal. This Court in order to consider the aforesaid defect of maintainability has gone through the order passed by the learned Contempt Court which is under challenge wherefrom it is evident that the contempt proceeding has been filed in which the learned counsel appearing for the Opposite Parties have prayed for eight weeks' more time to comply the order dtd. 8/6/2022 in its true letter and spirit and to file a compliance affidavit, for ready reference the order dtd. 13/10/2023 is being quoted hereunder:

(3.) The law is well settled so far as the powers to be exercised by the Letters Patent Court under Clause-10 thereof that the same is to be entertained against the finding recorded by the learned Single Judge in exercise of the powers conferred under Article 226 of the Constitution of India. After coming to the effect of Sec. 100-A of the CPC the Letters Patent Appeal has been held not maintainable against the order passed in the Miscellaneous Appeal or even against the order passed in the First Appeal.