Allahabad High Court
Jala Ahmad & Othes vs B.N. Dixit, Special Secretary ... on 19 January, 2010
Author: Vikram Nath
Bench: Vikram Nath
Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4343 of 2007 Petitioner :- Jala Ahmad & Othes Respondent :- B.N. Dixit, Special Secretary (Personal)/Karmik U.P. & Ors. Petitioner Counsel :- R.C. Dwivedi,Siddhartha Respondent Counsel :- Sc,V. Tiwari Hon'ble Vikram Nath,J.
Heard the learned counsel for the applicants and Sri D.N. Mishra, learned counsel appearing for the opposite parties.
On 5.1.2010 this Court after recoding certain facts had allowed two weeks' time to the learned standing counsel to obtain instructions. Sri D.N. Mishra, learned standing counsel has filed an affidavit on behalf of the O.P. No.1 along with an application seeking two months' time for getting some order from the Apex Court. From the annexures appended to the affidavit it appears that the State has filed an application before the Apex Court on 13.1.2010 after the order dated 5.1.2010 was passed by this Court, expressing urgency in the matter and for staying of the present contempt proceedings.
The basic facts which gave rise to this contempt application are that the selection for the appointment of Urdu Translator-cum- Junior Clerk was held in the year 1994 in which select list of 58 candidates was published. It appears that certain discrepancies were found in the said selection and thereafter the State Government cancelled the aforesaid selection and directed for fresh selection. Fresh selection was held and the select list was published on 16.12.1996. The applicant is one of the selectees of the second selection. The selectees of the first selection filed writ petitions before this Court, which were allowed vide judgment and order dated 15.4.1998. Against the same, special appeals were filed. A Division Bench of this Court allowed the special appeals and set aside the judgment of the learned Single Judge dated 15.4.1998. The result was that the decision of the State Government cancelling the first selection and directing for second selection and further the selection made pursuant to the second selection was upheld and the applicants became entitled to be appointed. Against the said judgment of the Division Bench several special leave petitions were filed before the Apex Court. A large number of appeals were dismissed by the Apex Court. However, one of the appeals, filed by Suyash Kumar Srivastava and others remained pending and it was disposed of in terms of the judgment of the Apex Court dated 11.8.2006 passed in Civil Appeal No.3495 of 2006, Pradeep Shankar Srivastava and others vs. State of U.P. and others. By the said judgment the Apex Court with regard to a different selection had held that as there was no serious irregularities in the process of interview, the government was not justified in holding a fresh interview as it would seriously prejudice the candidates who had been properly selected in the interview and had accordingly directed that the first selection was regular and appointments be given to those selected candidates. This selection was for appointment of Gram Vikas Adhikari and had been held in the year 1998.
The State admittedly has not complied with the directions contained in the judgment of the Division Bench of this Court dated 12.1.2004, passed in Special Appeal No.793 of 2001 and other connected appeals. It has been taking advantage of the order of the Apex Court in the special leave to appeal filed by Suyash Kumar Srivastava and others which related to the selection in question but the said appeal was disposed of in terms of the judgment dated 11.8.2006 passed by the Apex Court in the case of Gram Vikas Adhikari selection. All other special leave to appeals filed against the judgment of the Division Bench of this Court dated 12.1.2004 were dismissed by the Apex Court. It has been three years since the Apex Court decided the matter and more than six years when the Division Bench decided the controversy. Merely on the pretext of filing of a clarification application before the Apex Court, the opposite parties cannot keep on delaying the implementation of the judgment of the Division Bench of this Court. Prima facie the opposite parties are guilty of contempt.
List this matter on 19.2.2010. On the said date whosoever are holding the posts of the Principal Secretary (Personnel/ Karmik), U.P. Government, Lucknow and the District Magistrate, Deoria shall remain present before this Court. It would, however, be open to them to make compliance of the directions of this Court in the meantime.
Order Date :- 19.1.2010 pk