Allahabad HC Issues Contempt Notice To State Secy Over Failure To Decide On Inclusion Of Rajbhar Community In ST List

The Allahabad High Court has issued a contempt notice to the Principal Secretary, Social Welfare Department for his failure to take a decision on the representations moved before the state government seeking inclusion of Rajbhar caste in the list of Scheduled Tribes. 

The notice has been issued in connection with an order of the High Court dated March 11, 2022, wherein the department was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.

Essentially, on March 11, the bench of Justice Siddhartha Varma and Justice Dinesh Pathak had issued the direction to the Principal Secretary, Social Welfare Department, UP Govt to take a decision on the representations, forwarded to the department by the Central Government within a period of two months in accordance with the law.

This order was passed on a plea moved by C/M Jago Rajbhar Jago Samiti through Advocate Agnihotri Kumar Tripathi.

Read more about the Court's order here: Allahabad HC Directs UP Govt To Take Decision On Representations To Include Rajbhar Community In ST List In 2 Months

Now, last week, the Bench of Justice J. J. Munir was dealing with the contempt plea moved by C/M Jago Rajbhar Jago Samiti And Another, wherein it was alleged that the High Court's order was deliberately and willfully disobeyed.

It was alleged that despite the service of the said order, the contemnor/opposite party had not taken a decision on the applicant/petitioner's representation forwarded to the Central Government.

In view of this, the Court issued the following order and posted the matter for further hearing on September 9, 2022:

"Issue notice to the contemnor-opposite party, returnable on 09.09.2022, requiring him to show cause why proceedings for contempt be not initiated against him. The cause shall be shown by the contemnor-opposite party on his personal affidavit by the date fixed."

Case title - C/M Jago Rajbhar Jago Samiti And Another v. Himanshu Kumar, Principal Secretary [CONTEMPT APPLICATION (CIVIL) No. - 4706 of 2022]

Click Here To Read/Download Order