Patna High Court - Orders
Lakhan Lal Pd. vs The State Of Bihar & Ors on 26 November, 2012
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.108 of 2012
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1. Lakhan Lal Pd. Son of Daroga Lal resident of village and
P.O. Konand P.S.Sikandra, Jamui, presently resides at Road
no.9 Qr. 18A, Gardanibagh, Patna-2
2. Sudhir Kumar son of Pulkit Lal Das, resident of village
Kanakpur P.O. Kanhauli, Vias-Sakri, P.S. Sakri, Madhubani,
presently resides at B.N. Lal Das, C/o Sunil Kumar,
Shakuntalam Sadan, Stalin Nagar, Dhigha Ghat, Patna II.
.... .... Petitioner/s
Versus
1. The State Of Bihar through Deepak Kumar, the Secretary-
cum-Commissioner, Personnel and Administration Reforms
Department Govt. of Bihar, Old Secretariat at Patna
2. The Bihar Public Service Commission through Sri Sharad
Chandra Jha, The Secretary 15, Jawahar Lal Nehru Marg,
Bailey Road, Patna
3. Sri K.C. Saha, the Chairman, Bihar Public Service
Commission, 15 Jawahar Lal Nehru Marg, Bailey Road,
Patna
.... .... Opposite parties
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Appearance :
For the Petitioner/s : Mr. Meeta Sinha
For the Respondent/s : Mr. Rajesh Kumar GP8
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
9 26-11-2012Present application seeks initiation of a contempt proceeding against the opposite party for wilful/deliberate disobedience of the order 2 Patna High Court MJC No.108 of 2012 (9) dt.26-11-2012 2/4 dated 26.8.2011 passed by this Court in CWJC No. 6139 of 2011 at the hands of the opposite parties. Aforesaid writ petition was disposed of in the following manner:-
"The respondent Commission is directed to consider the case of the petitioners along with others on the vacant/sanctioned post of Data Entry Operator or any other Class-III post, if the respondents are in need to appoint personnel(s) thereagainst and initiate process therefor. While doing so the respondent Commission shall also grant the petitioners benefit of age relaxation. It is expected that the respondent Commission shall take a decision in this regard within a reasonable period of time."
According to the petitioners, the opposite party issued a press publication (Annexure-4 to the supplementary affidavit) for engagement of Data Entry Operators on contract basis. Subsequently, the opposite party engaged ten Data Entry Operators on contract basis as per the list furnished by the Bihar State Electronics Development Corporation Ltd. Petitioners have taken a stand that in doing so the opposite parties have violated the order of this Court.
Pleadings have been exchanged by the parties.
In the counter affidavit, opposite party nos.2 and 3 have sought to explain the circumstances under which such outsourcing of the job has been made by the Commission. Paragraph 12 of the counter affidavit reads as under:-
"12. That with regard to the statement made in paragraph 3 and 4 of the 2nd supplementary affidavit Department vide its letter no.3149 dated 07.04.2010 informed the Accountant General, Bihar, Patna that 5 posts of Assistant Programmer and 20 posts of Data Entry Operator on temporary basis has been sanctioned/created under non-planned head in the Bihar Public Service Commission on the terms that their services would be taken through outsourcing. The copy of the said letter was also sent 3 Patna High Court MJC No.108 of 2012 (9) dt.26-11-2012 3/4 to the Commission for information and necessary action in this regard."
Counsel for the opposite party has drawn attention of the Court to Annexure F/1 of the supplementary counter affidavit wherefrom it appears that the petitioners were informed about the stand of the Commission. Learned counsel for the opposite parties submits that from perusal whereof as also the materials on record it would appear that the Commission has not till date initiated any process for appointment/recruitment of the employees on regular basis and in case the Commission initiates such process their claim shall be considered after granting relaxation of age as directed by this Court by order dated 26.8.2011. The question, therefore, is whether the order impugned passed on the writ petition can be construed as an order directing the Commission and its officials to consider the case of the petitioners after granting age relaxation even in the matter of engagement on contract basis by outsourcing the same. The stand of the opposite party is that although they require some hands on casual/temporary basis but under the instruction of the Government they have engaged some employees as Data Entry Operators on contract basis. The job has been outsourced under the instruction of the Government. Whether such action of the opposite party can be said to be in deliberate and/or wilful disregard of the order of this Court. On going through the impugned order 26.8.2011 it appears that the said circumstance was not considered by this Court. Considering the submissions of the parties this Court had directed for consideration of the case of the petitioners along with others after granting them age relaxation in case the Commission initiates process for appointment, obviously such appointments were to be made on 4 Patna High Court MJC No.108 of 2012 (9) dt.26-11-2012 4/4 regular basis. This Court, therefore, is not satisfied that by engaging some personnel(s) on contract basis under the instruction of the Government the opposite parties have deliberately and/or wilfully violated the order of this court.
The proceeding, therefore, deserves to be dropped. It is dropped as such.
(Kishore Kumar Mandal, J) HR/-