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Jharkhand High Court · body

2009 DIGILAW 1189 (JHR)

Dr. Kauleshwar Tiwary v. State of Jharkhand

2009-08-25

AMARESHWAR SAHAY

body2009
Order This application has been filed for initiating a proceeding for contempt against the opposite parties for violation of the order dated 13.6.2008, passed by this Court in WPS No. 3141 of 2007. The operative portion of the order, passed in the aforesaid writ petition reads as follows: "In this view of the matter, this writ petition is being disposed of by giving liberty to the petitioner to approach the Registrar of Vinoba Bhave University, Hazaribagh by filing an application alongwith all relevant documents for getting services approved by Jharkhand Public Service Commission. On receipt of such relevant papers, the University shall take appropriate immediate steps in this regard as expeditiously as possible preferably within a period of three months from the date of receipt of the application by the petitioner. If the case of the petitioner is recommended by the University to the Jharkhand Public Service Commission, the Commission shall also take appropriate action and shall take a decision in accordance with law as expeditiously as possible." 2. It is alleged that in spite of the fact that the Vinoba Bhabe University has already sent recommendation to Jharkhand Public Service Commission but the Commission has not taken any decision in terms of the directions passed by this Court in the aforesaid writ petition. 3. Now, a show cause has been filed by Sri Delip Prasad, Chairman, Jharkhand Public Service Commission, wherein, it is stated that pursuant to the order of this Court, the writ petitioner filed representation before the Registrar, Vinoba Bhave University, Hazaribagh for sending recommendation to the Commission for concurrence for regularization of the services of the petitioner but the Registrar, Vinoba Bhave University simply forwarded the said representation filed by the petitioner to the Commission for needful as would appear from Annexure-F without any document and without any recommendation on the basis of the information sent by the Governing Body of the College concerned. 4. It is also stated in the show cause that the Commission has the power only to grant temporary concurrence to the services of the Lecturer of the affiliated College, appointed by the Governing Body of the College till the final recommendation for regular appointment on sanctioned post is made by the Commission. 4. It is also stated in the show cause that the Commission has the power only to grant temporary concurrence to the services of the Lecturer of the affiliated College, appointed by the Governing Body of the College till the final recommendation for regular appointment on sanctioned post is made by the Commission. It is further stated that it is not clear whether the writ petitioner was having requisite qualification as required at the relevant time since the petitioner has neither stated in his application/representation about his qualification nor enclosed any certificate/mark sheet etc. and the Registrar, Vinoba Bhave University has also not made any statements about the same in his forwarding letter and, therefore, when it was found by the Commission that the documents are not complete and, as such, the Secretary of the Commission vide his letter dated 27.11.2008, requested the Secretary of the Governing Body of the J.M. College, Bhurkunda, to provide and send the application in prescribed proforma alongwith fixed fee and other documents required for granting concurrence in accordance with law vide Annexure-G to the show cause. 5. When no information was received from the Secretary of the Governing Body of the College, the Jharkhand Public Service Commission wrote a letter to the Registrar, Vinoba Bhave University, Hazaibagh, to send the required documents in the prescribed proforma alongwith recommendation in accordance with law so that the matter can be decided vide Annexure-H to the show cause, but till date neither from the Secretary of the Governing Body of the College nor from the University any information has been received by the Jharkhand Public Service Commission and, therefore, the Commission could not take a final decision in the matter. 6. Considering the facts stated above, in my view, no case for initiating a proceeding for contempt is made out. Accordingly, the proceeding is dropped. 7. 6. Considering the facts stated above, in my view, no case for initiating a proceeding for contempt is made out. Accordingly, the proceeding is dropped. 7. However, I direct the Governing Body of J.M. College, Bhurkunda, to submit required information alongwith necessary documents in the prescribed proforma enclosed as Annexure-A to the show cause of the Chairman of the Jharkhand Public Service Commission to the Registrar, Vinoba Bhave University within a period of four weeks and, thereafter, the Registrar of the University, in its turn, after scrutinizing the documents would forward the application submitted by the Governing Body alongwith his comment/recommendation to the Jharkhand Public Service Commission within a period of two weeks from the date of receipt of the relevant papers and, thereafter, Jharkhand Public Service Commission shall take a decision and pass an appropriate order in accordance with law within a period of two weeks from the date of receipt of relevant papers from the Registrar, Vinoba Bhave University, Hazaribagh. 8. With these observations and directions, this contempt petition stands dropped.