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2004 DIGILAW 221 (PAT)

Mahendra Prasad v. State Of Bihar

2004-02-24

R.S.GARG

body2004
Judgment 1. It is most unfortunate that the officers of this State Government are trying to take the High Court for a ride and are ignoring the orders of the High Court and violating the spirit of the same to the hilt. Present is also a matter relating to wilful default on the part of the Officers and the authorities. On 3rd July, 2000 in C.W.J.C. No. 2473 of 1991 this Court directed the Secretary, Primary Education and the Director, Primary Education to consider the case of the petitioner for his appointment against a post of Subordinate Education Services (Primary Branch). This Court further directed the order of appointment be issued in favour of the petitioner against an existing vacancy, immediately, but not later than a period of two months from the date of receipt/production of a copy of this order. This Court also observed that the petitioner would be entitled to salary from the prospective date of appointment, he will be entitled to count his seniority on the basis of his position as shown in the merit list. 2. As usual the officers of this Government were not ready and willing to come out of their slumber rather from their hibernation. The wild beasts and the jungle animals when go to the winter sleep, they come out of it after a period of 4-6 months but the Officers of this State go to a deep sleep rather to the suspended animation and they are required to be informed that they must come out of their slumber because under the orders of the High Court at least in some cases they have to discharge their duties. If on 3rd July, 2000 the High Court directed that the order be issued within two months then it was expected of the authorities i.e. the Secretary, Primary Education and the Director, Primary Education to issue necessary orders within two months. Some latitude could be given but lapses cannot be condoned. From the records it appears that upto July, 2002 the Secretary, Primary Education or the Director, Primary Education were not ready and willing to observe the orders passed by this Court. 3. In July, 2002 and subsequent thereto with regular intervals letters were sent by the Director and the Secretary to the Bihar Public Service Commission with which the Subordinate Staff Selection Commission has merged. 3. In July, 2002 and subsequent thereto with regular intervals letters were sent by the Director and the Secretary to the Bihar Public Service Commission with which the Subordinate Staff Selection Commission has merged. It is not the submission/defence of the respondents that along with the recommendations they sent a copy of this Courts order requesting the Commission to take an appropriate action as early as possible and enabling the respondents to issue an order of appointment. The present contempt application was filed on 28.3.2001. A copy of the same was supplied to G.P. II on 28.3.2001. If that was so the petition should have worked as an eye-opener and the respondents should have come out of their ivory towers to suffer the scorching sun. 4. The matter was taken up for consideration on 13.1.2004. On that day the matter was to be adjourned and a direction was issued that a copy of the M.J.C. petition be supplied to the counsel for the Bihar Public Service Commission. The counsel appearing for the Bihar Public Service Commission does not have the copy of the recommendations made by the Secretary and the Director. On 12.2.2004 it was informed to this Court by learned counsel for B.P.S.C. that recommendations had already been sent by them to the State as back as on 16.12.2003. It appears that thereafter the order has been issued in favour of the petitioner on 14.2.2004. 5. this Court repeatedly asked the learned counsel for the contemners to show the cause of delay from the date of the order passed by this Court upto July, 2002 but he was unable to show anything. After going through the show cause earlier filed and the supplementary, he was unable to justify the delay. At one point of time it was said that the present Director has joined at a later stage, therefore/the delay is not on his part. Unfortunately the Director, who has pledged his oath, does not say even a single word to justify the delay. 6. The manner in which the orders of the High Court have been handled clearly shows that the Officers of the State Government feel that they are above the authority of the High Court and are living in a paradise where none can do anything against them. 6. The manner in which the orders of the High Court have been handled clearly shows that the Officers of the State Government feel that they are above the authority of the High Court and are living in a paradise where none can do anything against them. The manner in which the orders passed by this Court have been violated and instead of passing an order of appointment within two months, the order has been passed after three and half years, I do not think that any apology is required to be accepted. Even it is also to be seen that the order dated 14.2.2004 simply says that his appointment would be from the date of joining. It does not say even a single word that what would happen to his seniority if the order was passed right in time and to his emoluments to which he would have been entitled, if the order was passed right in time. 7. After going through the entire records and considering the conduct of the Secretary, Primary Education and the Director, Primary Education, I am of the considered opinion that they have committed contempt of the lawful authority of this Court and have violated the orders wilfully. 8. At the request of the counsel for the respondents that the matter be taken up for consideration in 1st week of March, 2004, let it be taken up on 4.3.2004. The Secretary, Primary Education and the Director, Primary Education, Govt. of Bihar shall appear in person and show cause as to why sentence in accordance with law and commensurate with their conduct be not awarded to them. 9. Put up on top of the list on 4.3.2004.