Raman Kumar V. The Union Of India

MJC/4589/2018

AI Insights

The case involves a group of petitioners, all employees of the Chief Commissioner of Income Tax-1, Patna, who filed a contempt application against various officials of the Union of India. The petitioners alleged that the officials had intentionally, wilfully, and deliberately disobeyed a previous judgment/order dated 28.02.2017, which had directed certain actions regarding their employment and service conditions. The court examined the compliance with the said judgment and found that the directions had been fully complied with, leading to the dismissal of the contempt petition.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 686001 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 09-12-2019
• Assessment Year: misc
• Other Referred Cases: The Union of India & Ors. Vs. Raman Kumar & Ors., The Union of India & Ors. Vs. Arun Kumar 'Manoj'
• Laws Referred To: Contempt of Courts Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: S D SANJAY; KUMAR RANJAN
• Assessee Lawyers: PRASHANT SINHA; VIPIN SINGH
• Keywords: Contempt of court; Income Tax; Disobedience of judgment; Patna

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4589 of 2018 In Civil Writ Jurisdiction Case No.12123 of 2016 ====================================================== 1. Raman Kumar Son of Sri Nandishor Singh Resudent of Ratwara Hathu, P.O.-Bhagwatpur, Gokhula Rupauli, deoria Paroo, District-Muzaffarpur, Working as Guard, Officer of the Chief Commissioner of Income Tax-1, Patna (BIhar). 2. Sushil Kumar Pandey Son of Sri Parsuram Pandey, Working as guard, Officer of the Chief Commissioner of Income tax1, Patna (Bihar). 3. Krishna Rai Son of Sri Indra Deo Rai, Working as Gestetnor Operator, Office of the Chief Commissioner of Income Tas-1, Patna (Bihar). 4. Subash Chandra Jha Son of Late Shiv Shankar Jha, Working as Guard, Officer of the Chief Commissioner of Incmoe tax-1, Patna (Bihar). 5. Harendra Kumar, Son of Sri Ram Brichha Mahto, Working as Telephone Operator, Office of the Chief Commissioner of Income tax-1, Patna (Bihar). 6. Pramod Kumar Sah Son of Sri Suresh Sah Working as Office Work, Office of the Chief Commissioner of Income, Tax-1, Patna (Bihar). 7. Nawal Kishore Debey Son of Late Yadu Nandan dubey, Working as telephone Operator, Officer of the Chief Commissioner of Income Tax-1, Patna (Bihar). 8. Birendra Kumar Madhukar, Son of Sri Ram Dayal Mahto, Working as Farash, Office of the Chief Commissioner of Income tax-1, Patna (Bihar). 9. Ram Prakash rai, Son of Late Jamadar Rai, Working as Farash, Office of the Chief Commissioner of Income tax-1, Patna (Bihar). 10. Binay Kumar Rai Son of Sri Ram Nath Prasad Rai, Working as Farash, Office of the Chief commissioner of Income tax-1, Patna (Bihar). 11. Ram Pravesh Mahto Son of Late Iner Mahto, Working as nigh Guard, Office of the Chief Commissioner of Income Tax-1, Patna (Bihar). 12. Mahendra Prasad Son of Late Nagina Prasad Working as Farash, Office of the Chief Commissioner of Income Tax-1, Patna (Bihar). 13. Ranjit Kumar Pandit, Son of Sri Mahendra Pandit, Working as Guest Attendant/Guard, Office of the Chief Commissioner of Income Tax-1,, Patna (Bihar). 14. Prabha Kumari Daughter of Brij Nandan Sharma Working as Computer Operator, Office of the Commissioner of Income-Tax (CO), Patna-1, Bihar. 15. Dharmendra Kumar Son of Sri Jay Kant Bind, Working as Safaiwala, Office of the Chief Commissioner of Income Tax-1, Patna, Bihar. 16. Vijay Kumar No.1 Son of Late Dineshwar Prasad Working as Mali Office of the Chief Commissioner of Income Tax-1, Patna (Bihar Patna High Court MJC No.4589 of 2018 dt.09-12-2019 2/4 17. Suresh Kumar Singh Son of Late Ram Govind Singh Working as Guard, Office of the Chief Commissioner of Income Tax-1, Patna (Bihar 18. Shyama Prasad Dey, Son of Late Jitendra Mohan Dey, Working as Farash, Office of the Chief Commissioner of Income Tax-1, Patna (Bihar 19. Md. Inam, Son of Late Ansar Ahmad, Working as Safaiwala Office of the Chief Commissioner of Income Tax-1, Patna (Bihar). 20. Ajit Nath Kanth Son of Late Raj Narayan Kanth, Working as Computer Operator, Office of the Chief Commissioner of Income Tax-1, Patna (Bihar). 21. Arun Kumar Manoj Son of Sri Rajeshwar Thakur, Resident of Shanti Miketan Colony, Pharmacy College Road, Rupaspur,District-Patna Working as Computer Operator, Officer of the Commissioner of Income Tax-1, Patna (Bihar). ... ... Petitioner/s Versus 1. The Union of India Through Dr. Hasmukh Adhia, The Secretary (Revenue) , Government of India, Ministry of Finance, Department of Revenue, New Delhi. 2. Mr. Soumendu Kumar Das, the Under secretary to the Government of India, Ministry of Finance, department of Revenue, Central Board of Direct taxes, New delhi. 3. Mr. Sushil Chandra , the Chairman, Central Board of Direct Taxes, Ministry of Finance, Government of India. New Delhi. 4. Mr. Rakesh Mohan Garg, the Director General of Income Tax (HRD), 2nd Floor, ICARD Buileing, Plot No.6, Vasant Kunj, Institutional Area, Phase-II, New Delhi-110072 5. Mr. Sanjay Gupta the Commission of Income Tax (Vig), Central Board of Direct Taxes, Ministry of Finance, Governemnt of India, North Block, New Delhi. 6. Mr. Kailash Chandra Ghumaria, the Chief Commissioner of Income Tax (CCA), Central Revenue Building, Patna-800001. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Sinha, Advocate Mr. Vipin Kumar Singh, Advocate For the Opposite Party/s : Mr.S.D Sanjay Addl. Soc. Gen. Mr. Kumar Priya Ranjan, C.G.C. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY Patna High Court MJC No.4589 of 2018 dt.09-12-2019 3/4 ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 09-12-2019 The present application has been preferred for initiation of proceedings of contempt against the contemnors/opposite parties and also for punishment provided under the provisions of Contempt of Courts Act as the opposite parties are said to have been intentionally, wilfully and deliberately disobeyed the judgment/order dated 28.02.2017 passed in C.W.J.C. No. 12123 of 2016, titled as The Union of India & Ors. Vs. Raman Kumar & Ors. and C.W.J.C. No. 12536 of 2016, titled as The Union of India & Ors. Vs. Arun Kumar ‘Manoj’ by a learned Division Bench of this Court. An order dated 15th of March, 2016 stands passed by the Dy. Commissioner of Income-tax (Hqrs.) Admin., which is annexed along with the affidavit dated 06.12.2019, handed over to the counsel for the petitioners during the course of the proceedings. As such, we find the directions contained in the judgment dated 28.02.2017 passed in C.W.J.C. No. 12123 of 2016, titled as The Union of India & Ors. Vs. Raman Kumar & Ors. and C.W.J.C. No. 12536 of 2016, titled as The Union of India & Ors. Vs. Arun Kumar ‘Manoj’ to have been fully Patna High Court MJC No.4589 of 2018 dt.09-12-2019 4/4 complied with. The petition stands disposed of reserving liberty to the petitioners to assail the order in accordance with law, if need so arises. P.K.P./- (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) AFR/NAFR CAV DATE Uploading Date 10.12.2019 Transmission Date "