HRIDYAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by the petitioners for initiation of proceeding for contempt against the opposits parties alleging wilful disobedience of the directions given by this court vide judgment and order dated 3rd February ' 98, passed in C.W.J.C. No. 1376/97. The aforesaid case was preferred by successful candidates of 3rd Graduate Level Competitive Examination (for short 3rd Examination) for filling up the Class -Ill Graduate level posts. This Court by aforesaid judgment directed the opposite parties to make requisition of posts which were vacant upto' 31st December '93 with further direction to recommend and then to appoint the successful candidates against one or other posts as detailed in the judgment.

(2.) THE grievance of the petitioners is that the posts in pursuance of 3rd Examination were ordered to be filled up and total exercise was to be completed within six months, but because of wilful disobedience of court 's order, all the posts have not yet been filled by the opposite parties. Allegations have been raised against one or other opposite parties for not making requisitions relating to posts in terms with Court 's order and judgment aforesaid with further allegation against the opposite parties B.P.S.C. and its authorities in not making recommendation of successful candidates to fill up such posts. Separate show cause have been filed on behalf of one or other opposite parties. While all of them sought for unqualified apology and stated that they cannot think even in dream to disobey or flout the order of this court, have given details of action already taken from their end. In the show cause individually filed on behalf of Opposite Party Nos. 2; 7; 8; 10; 11; 13; 15; 16; 17; 18; 19; 21; 23; 27; 28 & 29, while they have given details of action taken, appointments made in some of the cases etc., certain other facts and difficulties have been shown by other opposite parties in their respective show cause.

(3.) FROM show cause filed on behalf of opposite party No.5, Director Health Services, it appears that requisitions for 54 posts of Malaria Inspector has already been made vide letter dated 2nd November ' 98. In respect of post of Health Educator, it is stated that vacancy from 43 districts, total 306 in number has been received and forwarded to B.P.S.C. by letter dated 22nd December ' 98. Some of the Civil Surgeons, including those at Vaishali, Gopalganj, Godda, Araria, Hazaribagh, Kodarma, Chatra, Chaibasa, Sheikhpura, Banka, Sahebganj and Garhwa were asked to send the details of vacancies and information immediately by Director 's letter dated 20th November' 98, but except Civil Surgeons, Gopalganj, Godda, Kodarma and Chaibasa, the rest of the Civil Surgeons have not yet submitted their vacancies and so explanation has been sought for from them on 15th January ' 99, as to why suitable action be not taken for deliberate disobedience of order of this Court and higher authorities.