Indra Narayan Jha vs State of Jharkhand and Others

M. Karpaga Vinayagam, C.J.—Heard the parties on LA. No. 140 of 2008.

This interlocutory application for intervention, filed by Rajeshwar Prasad, is dismissed as not maintainable.

Officer concerned is present. He has filed an affidavit tendering unconditional apology before this Court. It is stated through the show cause that the order has been passed on 10.1.2008 in consonance with the decision taken by the cabinet. As such, it is seen that the first direction of this Court to consider the case of the petitioner for promotion to the post of Superintending Engineer on regular/substantive basis has been complied with.

In regard to the second direction of this Court to the effect that his further consideration for the post of Chief Engineer will depend only after he is able to secure the promotion to the post of Superintending Engineer on substantive basis that too if permissible under rules and vacancy is available, the learned Advocate-General, who is appearing for the opposite parties, submitted that at least four months'' time is required to take final decision on this second direction. It is submitted that two departmental proceedings have been initiated against the petitioner in which the allegations against the petitioner have been found proved and the petitioner has also been asked to submit his second show-cause, but there is no co-operation from the end of the petitioner.

To this the petitioner''s counsel submits that the petitioner has not received any second show cause notice.

Therefore, the Advocate-General is directed to ensure that the second show cause notice is served on the petitioner so that he files his reply to the same. The opposite parties are directed to complete the process for consideration of the case of the petitioner for the post of Chief Engineer within three months.

With these observations, this contempt application is disposed of, The officer is discharged with the warning that in the future the officer should respect the Courts orders and comply the same. If this order is not complied, it would be open to the petitioner to bring the same to the notice of this Court.