Jharkhand HC Issues Contempt Notices To Two Senior Officials Of State Education Department For Violating Court Orders, Withholds Salaries

The Jharkhand High Court has directed the withholding of salaries of the Secretary of the School Education and Literacy Department and the Director of Secondary Education for failing to comply with prior court directives and attempting to circumvent its orders.

Highlighting the repeated misconduct, Justice Sanjay Prasad, presiding over the case, remarked, “This Court fails to understand the approach of the State Authorities, as time and again the petitioners have compelled to move before this Court for the wrong acts of the State Authorities of the Department particularly the Director, Secondary Education, Government of Jharkhand.”

The contempt applications were filed by petitioners Deepak Kumar and Rashmi Prasad, who alleged non-compliance with earlier High Court orders regarding their appointments. Previously, the Court had held that the order of rejection of their approval for appointment was passed without proper application of mind by the Director (Secondary Education), H.R.D. Department, Government of Jharkhand and the authorities were directed to take a considered decision in the matter in accordance with law. Despite this, the claims of the writ petitioners were again rejected in 2016.

During the hearing, the Court noted that the State was changing its legal counsel at its convenience to delay compliance. Criticising this practice, the Court emphasised, “Thus, this was the 3rd round of litigation due to improper approach of the Respondent Authorities by their own convenience and they are taking different stands.”

The Court noted that while the Joint Secretary and District Education Officer were present during the hearing, the Director of Secondary Education was absent. The Court stated that despite a liberal approach taken in the previous hearings, the authorities failed to comply with the orders.

The Court remarked, “Thus, it is evident that the State is changing its counsel at its own convenience and this Court deprecates the conduct of the Authorities of the State Government.”

Citing their absence and continued non-compliance, the Court issued a show cause notice to the Secretary and the Director, requiring them to explain why contempt proceedings should not be initiated. The matter has now been listed for further hearing on January 3, 2025.

Until then, the High Court has ordered, “the Secretary, School Education and Literacy Department, Government of Jharkhand and the Director, Secondary Education, Government of Jharkhand shall not draw any salary till further order of this Court.”

Case Title: Deepak Kumar v. State Of Jharkhand

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