Sugriv Prasad Yadav, Son Of Late Devki Prasad Yadav v. State Of Bihar Through Sri R. J. M. Pillai, Chief Secretary, Government Of Bihar, Patna
2010-04-20
DIPAK MISRA, MIHIR KUMAR JHA
body2010
DigiLaw.ai
JUDGEMENT 1. This is an application for contempt on the foundation that the order dated 3.1.2006 passed in C.WJ.C. No. 13739 of 2003 has not yet been complied with. The Division Bench while disposing of the writ petition had issued the following directions: "Therefore, in view of the consensus as indicated above, all the writ petitions, except C.WJ.C. No. 1936/ 2004, are disposed of directing the respondents/concerned respondent to consider the case of the petitioners for appointment on the post of Panchayat Sevak, if in future decision is taken by the Government for appointment on the post of Panchayat Sewak, C.WJ.C. No. 1937/2004 is disposed of with a direction to the respondents to consider the case of the petitioners for relaxation of age for appointment on the post of Panchayat Sevak if the Government takes a decision for appointment on the post of Panchayat Sevak in future No cost." 2. It is unfortunate that the order has yet not been complied with. When an order of the Court is passed it is obligatory on the part of the authorities to give effect to the order in letter and spirit. However, regard being had to the fact-situation, we are inclined to extend the time till 15th June, 2010 for compliance of the aforesaid order by appreciating the order in utmost objectivity. 3. Let a copy of this order be handed over to Mr. Md. Fazal Rahman, G.P.6 so that the order is complied with without any delay. 4. Mr. Lalit Kishore, learned Additional Advocate General-Ill, who is present in Court, is requested to see that the orders passed by this Court are complied with within the time span, unless there is stay by the superior Court or by way of review. We really fail to fathom why the State Government should remain in deep slumber and not give effect to the orders passed by the Court. 5. Be it noted, Mr. Bindhyachal Singh, learned counsel for the petitioner sought liberty that if the order is not complied with within the stipulated period he may be permitted to file a further application for contempt. Mr.
5. Be it noted, Mr. Bindhyachal Singh, learned counsel for the petitioner sought liberty that if the order is not complied with within the stipulated period he may be permitted to file a further application for contempt. Mr. Singh is absolutely right in his submission but we do not think it appropriate to observe anything on this aspect for the simon pure reason we expect the learned Additional Advocate-General would be in a position to impress upon the officers of State Government about their legal obligation. A litigant should not be compelled to move the Court time and again for getting the fruit of the order. It has been said, an order of the Court cannot be equated with a paper tiger, sooner the officers and the State Government realise the same, better it is. We are sure, learned Advocate General and Mr. Lalit Kishore, learned Additional Advocate General-Ill would be in a position to impress upon the State Government and, if necessary, may hold a workshop in this regard. 6. With the aforesaid directions and observations the proceeding for contempt stands dropped.