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1999 DIGILAW 461 (PAT)

Arun Kumar Jha v. Bihar State Housing Board

1999-05-21

S.K.KATRIAR

body1999
ORDER 2. Heard the learned Government Advocate. In compliance of the order dated 3.5.99 read with order dated 18.5.99, of this court, Rakesh Kumar Mishra, Superintendent of Police, Jamshedpur, is present in court. He has not filed his counter affidavit. He submits that the orders of this court could not be carried out because he was on leave and has joined on 18.5.99. He, however, gives personal undertaking to this court with respect to the following :- (i) The unauthorised and forcible occupation by the police personnel or any body else of the 82 quarters of TISCO in question shall be vacated, by force if needed, within a period of two months from today without fail ; (ii) By the order dated 3.5.99, in paragraph-5, this court had directed respondent no.2 to further verify and enquire whether or not, any other quarter over and above the said 82 quarters of TISCO in or around Jamshedpur, 'is under unauthorised occupation of the police personnel. Let this verification be done and the eviction carried out relentlessly within the same period; (iii) Respondent no.2 informs this court that unauthorised occupation had commenced in May, 1998, and are liable to pay rent, According to him. Rs. 500/- per month would be appropriate. Accordingly all of them shall be liable to pay rental @ Rs. 500/- per month with effect from May, 1998, till the date of their eviction, Respondent no.2 undertakes to have the same deducted at the earliest possible opportunity from the salaries of the police personnel and shall pass on the amount to the TISCO Administration by means of A/c. pay cheques. (iv) Respondent no.2 further undertakes to this court that he shall initiate departmental proceedings against all the police personnel in such unauthorised occupation which shall be concluded within a period of six months from today. He further informs the court that all of them shall be placed under suspension forthwith and shall continue to be posted in Jamshedpur till such time the issues relating to eviction, the departmental proceedings. and connected matters are concluded. (v) He states that the undertakings will equally apply to all the police personnel in unauthorised occupation of the quarters over and above the 82 quarters in question. 3. and connected matters are concluded. (v) He states that the undertakings will equally apply to all the police personnel in unauthorised occupation of the quarters over and above the 82 quarters in question. 3. It is further directed that Rakesh Kumar Mishra, the present incumbent, shall continue to be posted at Jamshedpur in his present capacity until conclusion of this matter and to the satisfaction of this court. 4. It goes without saying that all the unauthorised occupants, who are servants of the State Government, shall fully co-operate with respondent no.2 in conducting the departmental proceeding. If they show any sense of lack of co-operation or the least of defiance during the course of departmental proceedings, it shall be open to respondent no.2 to report it to the court for direct action by this court including initiation of contempt proceeding. 5. Let the Chief Secretary, Director General of Police, and the Home Commissioner, of the State Government be impleaded as party respondents herein. Learned Government Advocate appears for them as well. Let him forward separate sets of pleadings and copies of the orders of this court to the newly added respondents who shall file their joint or separate counter affidavit before the next date which shall be over and above the counter affidavit of S.P., Jamshedpur, (respondent no.2). 6. This Court takes judicial notice and feels extremely concerned at this kind of a situation prevailing in the industrial establishments all over the State of Bihar. The case in hand is only illustrative of the situation obtaining in the State of Bihar. This court states as a matter of strong conviction that let there be the fullest co-operation and protections rather than tyranny, as is the situation today, from the government to the centers of production, the centers which generate the wealth of, and the employment opportunities in, the state. The core issue is larger and all-pervasive, it is the all important issue of the rule of law so dear to the founding fathers of the Indian Constitution and so well enshrined in our Constitution. Let it be clearly understood by all concerned that this court shall strain its every nerve to enforce the rule of law over the entire territory of this state over which it exercises its jurisdiction, like a sentinel on the qui vive. Let it be clearly understood by all concerned that this court shall strain its every nerve to enforce the rule of law over the entire territory of this state over which it exercises its jurisdiction, like a sentinel on the qui vive. It is the absence of the rule of law with its brooding omnipresence all over the State of Bihar which concerns this court no end. The rule of law and absence of arbitrariness in governance seems to be at its rock-bottom in the State. The Courts in India, and in fact in all the civilized and democratic countries the world over, have relentlessly expressed the greatest dissatisfaction and concern at unauthorised and forcible occupation of the premises of others, and have gone to the farthest extent with all its might to prevent the same. 7. The respondents shall, therefore, have to guarantee strict compliance of the orders of this court so that they ensure a reliable and effective administration to the residents of this State and so that they can themselves claim to be worthy functionaries of the State, else woe betide the massive faith reposed in them. 8. As prayed for put up on 2nd of August, 1999, under the same heading before an appropriate Bench. The counter affidavit of respondent no.2 with reasonable details with respect to the compliance of the orders and fulfillment of his own undertaking to this court be filed, apart from the counter affidavits of the newly added respondents. The respondents shall personally swear their affidavits. The Superintendent of police, Jamshedpur, shall be personally present in court on the next date to report compliance. Let a copy of this order be handed over to the learned Government Advocate.