Sikkim High Court
Cont. Cas(C)/1/2004 of Court of Suo Moto Vs x on 30 June 2010
Order (s) with Signature (s) BEFORE HON'BLE THE CHIEF JUSTICE MR. JUSTICE BARIN GHOSH 06. 30.06.1 Present: Mr. J. 8. Pradhan, Public Prosecutor with Mr. Karma Thinlay Namgyal, Addl. Public Prosecutor and Mr. S.K. Chettri, Asstt. Asst. Public Prosecutor for the Stat:e respondents. In t:hree
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Order (s) with Signature (s)
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Order (s) with Signature (s)
The said action on the part of the Stat:e and itsauthorities result:ed in initiation of present suo motucontempt proceedings. During the pendency of t:hecontempt proceedings, order of the Court waschallenged before the Hon'ble Supreme Court by theState. The judgment and order of the Court was notstayed by the Hon'ble Supreme Court, while, however,t:his Court was restrained from proceeding wit:h t:hecontempt proceedings.During the time the matter was pending beforethe Hon'ble Supreme Court, State Government realisedits mistake in accepting the report of the One ManCommittee. It, accordingly, issued a Notification/ Orderand thereby withdrew it:s earlier order accepting theopinion of the Committee. In the result, the order ofthe State Government dated 08-02-2001 givingaforementioned benefit: to Shri Alfred Karthak standsrescind from all practical purposes. The Court:'s order,accordingly, seems to have been complied with by theState and its functionaries. In each of theseproceedings, show causes have been filed by thePrincipal Secretary, Department of Personnel, A.R.Training, Public Grievances, Career Option,Employment Skill Development and Chief Minister'sSelf Employment Scheme, Government of Sikkim, SGPG- 3/ High Courv 5000 Nos/ 2.4.2009
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Order (s) with Signature (s)where in no uncert:ain terms, it has been stated t:hat itwas a mistake on the part of the Government and itsfunctionaries to accept the erroneous report submittedby the Committee. The said show cause also suggestsremorse on the part of Stat:e and it:s authorities inacti-ng in the manner, which resulted in initiation of suomot:u contempt. The show cause also t:endersunconditional apology.When the matters pending before t:he Hon'bleSupreme Court were t:aken up for consideration., itappears, the same was not pressed inasmuch as bythat time Shri Alfred Karthak had retired. Hon'bleSupreme Court, accordingly, dismissed the appealpreferred against the said order of this Court recordingthat the same has become infructuous.In the fact:s and circumstances of the case, Ithink, it would be appropriate on the part of t:his Courtto accept uncondit:ional apology tendered in showcauses and upon accepting the same, the contemptproceedings are closed. Rules stand discharged.Let a copy of this order be kept in the files ofot:her two contempt proceedings..i-----.---.-..Chief Justice30.06.2010
SGPG-3/ High Court/ 5oo0Nos./ 2.4.2009