KRISHNA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal takes exception to the order of the Single Judge passed on 22nd February, 2007. By the said order the Single Judge dismissed the writ petition preferred by the petitioner on the ground on unexplained delay, laches, negligence and acquiescence.

(2.) THE appellant claims that he was due for promotion in the selection grade of Principal with effect from 4th Juiy, 1984, for promotion to the post of Deputy Director, Training with effect from 4th July, 1987. and for promotion to the post of Joint Director with effect from 4th Juiy, 1990. Prior to "the writ petition (C.W.J.C. No. 7169 of 2000), the petitioner filed a writ petition before this Court being C.W.J.C. No. 5163 of 1996 for the same reliefs. That writ petition came to be disposed of by the Single Judge on 8th September, 1997. It was observed in the order that the petitioner has made a representation to respondent no. 3, the Commissioner -cum -Secretary; Labour, Employment and Training Department, Patna on 17th October, 1995 for redressal of his grievance, which was still pending. Although no interference was called for by the Court, it was observed that respondent no. 3 shall decide the pending representation within three months from the date of production of the certified copy of the order. According to the petitioner, the copy of the order dated 8th September, 1997 alongwith representation was sent to the authorities on 30th September, 1997. The earlier representations in the light of the order dated 8th September, 1997 was not disposed of by the concerned authorities and the petitioner made further representations on 26th December, 1997, 30th July, 1998 and 15th January, 1999 and when nothing was heard from the concerned authorities, the writ petition was filed. In the light of the aforesaid facts, in our view, the following order shall meet the ends of justice: - The Commissioner -cum -Secretary, Labour, Employment and Training Department, Patna shall now take decision on the representations made by the appellant on 17th October, 1995, 30th September, 1997, 26th December, 1997, 13th July, 1998 and 15th January, 1999 as early as possible and in no case later than three months from the date of production of the order of this Court.

(3.) WE clarify that non -disposal of the representations within the aforesaid time may expose the Commissioner -cum -Secretary, Labour, Employment and Training Department, Patna to an action under contempt jurisdiction by this Court.