OM PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This MJC has been filed for initiating a contempt proceeding against the opposite party for allegedly violating the order of this Court dated 17-1-1996m CWJC No. 3891/94.

(2.) The above said writ petition was filed by the petitioner and others for quashing an order by which their services on the post of Warder in the Central Jail Muzaffarpur had been terminated, and for a mandamus to appoint them on the post on regular basis. While dismissing the writ petition this Court directed the Inspector General of Prisons, Bihar and the Superintendent, Central Jail, Muzaffarpur to give effect to the advertisement dated 31-10-1994 by making appointment of suitable candidates as early as possible preferably within four months of the receipt/production of a copy of the order. The Court observed,"Needless to say that the cases of the petitioners will be considered in accordance with law". Earlier the petitioner had moved this Court challenging the same very order in CWJC No. 2605/92, which had been dismissed but with an observation that in case the respondents require additional extra hands of Warders, his case may be considered, if necessary by relaxing the age bar. The grievance of the petitioner is that in stated of giving effect to the advertisement dated 31-10-1994 as directed by this Court the Opposite party cancelled the same. Further, the case of the petitioner is hat they have appointed others including co-petitioner of CWJC No. 2605/92 on the post of Warder in utter disregard to the direction of this Court. The petitioner and others repeatedly represented their case for appointment but to no avail, In paras 7 and 8 of the main petition the petitioner has given names of nine such persons who have been appointed on the post of Warder. In the supplementary affidavit the petitioner has referred to letter dated 13-12-2001 of the IG (Prisons) directing the Superintendent, Central Jail Bhagalpur to consider the case of 38 persons on the post of Warder. Again in the affidavit in reply to the show cause of the opposite party, the petitioner has referred to appointment of 157 Warders in Bhagalpur Central Jail in 1998 pursuant to 1994 advertisement

(3.) The stand of the IG (Prisons) is that the appointment of Warders is made in Central Jails Jail-wise. The petitioner was appointed as temporary Warder in Central Jail, Muzaffarpur in the year 1984. It was later discovered that the said appointment had been made without observing the laid down formalities, and flouting all norms. In the circumstances the Department decided to cancel the appointment and the same was communicated vide letter dated 13-3-1992. Against the said order the petitioner moved this Court in GWJC No. 2605/92 and later in CWJC No. 3891/94, both of which were dismissed. In CWJC No. 3891/94 the Court directed the authorities to give effect to the advertisement dated 31-10-1994 which had been issued in the meantime. However the said advertisement was cancelled by the State Government in 1999 vide Home (Special) Department letter No. 2511 dated 9-11-1999 Fresh advertisement has been issued in 2000 inviting applications for appointment on the vacant posts of Warder in the different Central Jails. So far the petitioner is concerned by letter No. 3886 dated 19-7-2000 the IG (Prisons) directed the Superintendent, Shaheed Kudi Ram Bose Central Jail, Muzaffarpur to relax the age bar. The case of the petitioner for appointment thus is pending. No appointment has been made pursuant to the said advertisement has been made pursuant to the advertisement of the year 2000, since the proposal to make recruitment either through the Superintendent of the concerned Central Jail or through the Staff Selection Committee is pending consideration at the Government level. In view of the recent incidents of escape of prisoners from Jails the Government is thinking of evolving new method of recruitment and post young, dynamic well trained Warders and entire process of recruitment on the post of Jail Warder is thus being reconsidered.