SHASHI RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- This contempt application has been filed on 3rd July, 1990 on which notice was issued to the Secretary. Department of health, Government of Bihar (respondent No. 1) and the Joint Secretary, of the said department (respondent No. 2) to show cause as to why a proceeding for contempt be not initiated against them for violation of order dated 2-5-1988 passed in Service Case No. 367 of 1987 by the Bihar Administrative Tribunal.

(2.) The facts which are relevant for the purpose of the present proceeding are noted below :

(3.) The petitioner's case is that the said Tribunal after hearing the matter on the stay petition filed by the petitioner passed an order on 18th December, 1987 staying the order of transfer passed against the petitioner pending final hearing of the case i.e. Service Case No. 367 of 1987. Thereafter the petitioner further made another prayer for passing an interim order restraining the respondents from ailing up the post of Associate Professor, Pathology in Darbhanga Medical College. In connection with the hearing of the said stay petition, on 3rd May, 1988 the Tribunal passed an order, the material portion of which is set out below :-