LAWS(PAT)-2008-7-231

SHANKAR RAJAK Vs. STATE OF BIHAR

Decided On July 07, 2008
Shankar Rajak Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE grievance of the petitioner in this MJC is that by the order dated 28th of August, 2000, the Principal Chief Conservator of Forest was directed to find out as to whether Class -IV posts were vacant in the circle concerned or not. The counsel would submit that Principal Chief Conservator of Forest has not at all considered the matter, nor passed any order.

(2.) IT appears from the averments made in the MJC that prior to the present MJC, the petitioner had earlier filed MJC No. 26. of 2001 for violation of the order dated 28th of August, 2000. It further transpires that the said contempt petition was dismissed on 15th of October, 2003. The explanation, that has been set out in the contempt application, is that the earlier contempt application came to be dismissed because of false and concocted affidavit filed by the opposite party no. 5. We are afraid, this contention cannot be accepted in the present MJC, which is subsequent to the earlier MJC No. 26 of 2001. Since, earlier the Court has already accepted the stand of the opposite parties that there was no vacant post of Class -IV employees, we do not find any merit in the submission of the counsel for the petitioner that Principal Chief Conservator of Forest, has not considered the matter as directed by order dated 28th of August, 2000.

(3.) THE MJC stands disposed of.