JAGDEV SINGH Vs. LOKESH JHA

JUDGEMENT

(1.) This appeal under Section 476-B of the Jammu and Kashmir code of Criminal Procedure, 1989 (1933 AD) (hereinafter referred to as "the Code") arises out of an order dated 19-4-2004 passed by the learned single Judge in contempt proceedings under the Jammu and Kashmir Contempt of Courts Act, 1997. By virtue of the aforesaid order, the learned single Judge did not find any ground to proceed against the respondents under the Contempt of Courts Act, 1997 and the rule issued against the respondents stood discharged and the Contempt Petition No. 29- B of 2003 along with connected CMP(s) was dismissed.

(2.) It appears that appellant filed a writ petition bearing No. SWP No. 583 of 2003, alleging certain irregularities and illegalities committed by the respondents in utilization of the quota for the posts of Senior Assistants/Head Assistants in the Revenue Department. The aforesaid writ petition was disposed of vide order dated 4-8-2003 along with connected CMP(s) in directing the respondents to make the post of Senior Assistants/Head Assistants in accordance with law. Alleging infraction of the aforesaid order passed by the writ Court, contempt per. tition came to be preferred in stating that the vacancies of Head Assistants and Senior Assistants have not been referred by the respondents to the Jammu and Kashmir State Service Selection Recruitment Board for making selection of candidates.

(3.) The respondents were put to notice in the Contempt petition. The stand taken by the respondents in their reply was that appointments by direct recruitment and by promotion to various posts, besides the posts of Senior Assistants/Sections Officers, have been made in accordance with the provisions of the Jammu and Kashmir Revenue (Subordinate) Services Rules, 1973. It was also submitted that one Babu Ram Khajuria, Junior Assistant in the respondents' office, has been promoted as Senior Assistant on the recommendation of the Departmental Promotion Committee on 13-8-2003. The respondents further submitted to have not made any appointment either by direct recruitment or by promotion. The learned single Judge, in view of the statement made on affidavit by the respondents, found that no ground to proceed against the respondents in the contempt petition under the Contempt of Courts Act was made out and dismissed the same along with connected CMP(s) filed by the petitioner for proceeding against the respondents under Section 476 of the Code.