SHEELA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Article 215 of the Constitution for punishing the members of the opposite party for committiag contempt of this court by wilfully and deliderately disobeying its judgment and orders.

(2.) The material facts may by stated briefly as follows : By a notification issued by the State Government on 30-6-1990 opposite party No. 5 was appointed as Assistant Professor (Neo Natal) in the Department of Paediatries at Rajendra Medical College, Ranchi. The present petitioner came to this Court in CWJC No. 7387 of 1990 challenging the appointment of opposite party No. 5 under the aforesaid notification. Opposite party No. 5 (impleaded as respondent No. 5 in the writ petition) failed to appear despite service of notice and hence a Bench of this Court heard the writ petition ex-parte and allowed it by judgement and order dated 6-8-1992 (copy at Annexure-1). The operative part of the order was as follows :

(3.) An attempt was then made to get the order reviewed and opposite party No. 5 filed Civil Review No. 136 of 1992. This review petition, after hearing the counsel for the review petitioner (opposite part No. 5 in the present application), was dismissed by a Bench of this Court by order dated 16-7-1993 (copy at Annexure-2). Opposite party No. 5 then preferred special leave petitions, before the Supreme Court against the judgment and order dated 6-8-1992 passed by this Court in CWJG No. 7387 of 1990 and the order dated 16-7-1993 rejecting Civil Review No. 136 of 1992. The special leave petitions registered as SLP Nos. 14370-70-A of 1993 were dismissed by the Supreme Court by order dated 27-8-1993 (copy at Annexure 'A' to the show-cause filed on behalf of the Heath Commissioner).