STATE OF BIHAR Vs. KRIPALU SHANKAR

JUDGEMENT

(1.) These appeals are directed against the Judgment of a Division Bench of Patna High Court in Misc. Case No. 356 of 1985. Appeal No. 871 of 1986 is by the State of Bihar, Appeal No. 916 jointly by Srideo Mishra, Judicial Commissioner, Ranchi (at the relevant time, Secretary-cum-Legal Remembrancer, Department of Law, Government of Bihar, Patna) and Mrs. Radha Singh, Commissioner, Ranchi Division, Ranchi (at the relevant time Additional Irrigation Commissioner, Patna), Appeal No. 933 by Subh Chandra Jha, Public Relation Officer, Irrigation Department, Government of Bihar, Patna and Appeal No. 1178 by Birkeshwar Prasad Singh, now Professor and Head of Department Political Science, Magadh University (Member, Bihar Public Service Commission, Patna at the relevant time). The appellants have been convicted by the High Court for contempt of its order and have been sentenced to a fine of Rs. 50/- in default to suffer simple imprisonment for two weeks. The High Court had issued contempt notice against some others also. Those notices were discharged against them.

(2.) The background facts necessary can be now stated in brief as follows:

(3.) The six months' period, according to the above order, was to expire on 17-10-1983. The case of the State is that the Irrigation Department had as early as 4-4-1983 written to the Public Service Commission to give concurrence to the appointment of Shri Jha, since his post was an ex-cadre post and since he was selected by a Selection Committee. Concurrence was given on 2-4-85. The Government thereafter examined the matter in consultation with the Personnel (Administrative) Reforms Department, with reference to the provisions of the Rules governing reservations. The Government took a decision to send a requisition to the Bihar Public Service Commission for advertising the post. The Commission finally advertised the post on 12-5-1985, setting out the eligibility and criterion for selection.