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2012 DIGILAW 834 (JHR)

Court on its own motion v. State of Jharkhand

2012-06-18

JAYA ROY, PRAKASH TATIA

body2012
ORDER By the Court.-Office is directed to tag the copy of the order dated 2nd March, 2012 and 20th March, 2012 passed in Contempt (Civil) Case No. 732 of 2011 in this W.P. (PIL) No. 2526 of 2012. 2. The State has submitted counter-affidavit of Chief Secretary, Government of Jharkhand indicating that at the time of bifurcation of State of Jharkhand there were 143 posts of I.A.S. cadre in the State of Jharkhand and these posts have been increased to 208 vide notification dated 13.05.2010. However, at present working officers are 91 and out of 91, two officers are under suspension and 12 are undertaking training at different places, therefore, in fact working officers are 77 only. Therefore, it is clear that the working strength of I.A.S. officers in the State of Jharkhand has gone down to almost half of the sanctioned strength which was existing at the time of creation of the State of Jharkhand. Such position is when the requirement is of 208 officers. 3. In the counter-affidavit it has been admitted that almost all of the officers are having substantive charge of different posts with additional charge of, various departments. It will be worthwhile to mention here that one Sri Ashok Kumar Sarkar who is Member, Board of Revenue, Jharkhand in his substantive appointment capacity has charge of Additional Chief Secretary, Forest & Environment Department as well as Additional Chief Secretary, Mines & Geology Department. It is submitted by learned amicus curiae that Member, Board of Revenue is required to discharge judicial function as well as he has to discharge very many important functions of even writing the ACRs of I.A.S. officers. 4. Be that as it may, the broad feature of the working strength of the officers in I.A.S. cadre clearly indicate that State's function and implementation of the State policies are seriously affected because of the huge number of vacancies hi the cadre of the I.AS. officers. It is also important that even due promotions are yet to be given and that too, of the year 2008 and 2009 as mentioned in sub para (iii) of Para 13 of the counter-affidavit. obviously from the State cadre to I.A.S. cadre. officers. It is also important that even due promotions are yet to be given and that too, of the year 2008 and 2009 as mentioned in sub para (iii) of Para 13 of the counter-affidavit. obviously from the State cadre to I.A.S. cadre. It also appears that nine of the officers are on deputation whereas State is having the shortage of officers and for repatriation, letter was sent, by the State Government to the Central Government as back as on 23rd December 2010, but no action has been taken further so as to get the services of these officers back. 5. It is also stated that on the request of the State Government., the Central Government has confirmed 20 State Civil Service quota vacancies for the year 2010 vide letter No. 14015/10/2011-AIS(I) dated 18.03.2011. This matter is also pending since 2011. State Government further requested the Central Government to confirm six vacancies in State Civil Service quota and three vacancies in non-State Civil Service quota for the year 2011 vide letter No.803 dated 30.01.2012 and the confirmation is under consideration with the Central Government. 6. Learned amicus curiae submitted that he could get the details of the allocation of the funds in various Ministries, and its utilization. According to this chart, substantially the funds have not been utilized which, according to learned amicus curiae is because of the non-availability of the officers ill various ranks. Copy of this chart is taken on record. 7. Since it is a matter wherein appropriate reply can be filed by the Central Government. Therefore, Md. Mokhtar Khan, learned Additional Solicitor General is directed to accept notice on behalf of the Ministry of Personnel. Public Grievance and Pension Government of India. 8. Notice may also be issued to the Union Public Service Commission. 9. A copy of the order of this Court dated 2nd March, 2012 and 20th March, 2012 passed in Contempt (Civil) Case No.732 of 2011. reply of the State filed in this writ petition and copy of the department wise expenditure chart placed on record by the learned amicus curiae be also served along with the notice upon the learned counsel for Union of India and the U.P.S.C. who may inform the Court how they are going to resolve this issue. 10. Put up on 30th July, 2012. Directions issued.