Patna High Court - Orders
Umesh Kumar Yadav & Ors vs The State Of Bihar & Ors on 17 September, 2015
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No 4500 of 2013
In
Civil Writ Jurisdiction Case No 13010 of 2008
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Umesh Kumar Yadav & Ors
.... .... Petitioner/s
Versus
The State of Bihar & Anr
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lalan Kumar Singh
For the Respondent/s : Mr. Parth Sharthi
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CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH
ORAL ORDER
4 17-09-2015A show cause, at last, has been filed alongwith a supplementary show cause by Director General of Police (for brevity, DGP), Bihar. In 2013, writ petition was disposed of taking into account Division Bench judgment and order that unfilled vacancies should be filled up immediately. This having not been done, this application for initiating contempt proceeding was filed in the year, 2013 itself and it is now in 2015, after a stern warning by this Court, that the show cause has been, at last, filed.
We are concerned with BMP - 12 and recruitment in relation thereto. The supplementary show cause, in one paragraph, admits that there was substantial unfilled vacancy in the first round of recruitment. What is now stated is, in the year 2009, there was another advertisement which took into account these vacancies and pursuant to that advertisement also, there remained unfilled vacancies (paragraph-6 of the supplementary show cause) but later on in the same show cause, in paragraph-11, Patna High Court MJC No.4500 of 2013 (4) dt.17-09-2015 2 it is stated that in respect of BMP - 12, there is no vacancy left. What surprises this Court is how could such substantial vacancy be left in the State of Bihar. The Court is at a loss to understand as to how in this State, such huge number of unfilled posts get carried over. The unemployment status of this State is one of the highest, still to say that no one came forward to seek employment, is not understandable. Even when the Writ Court orders, the orders are not carried out. There is something serious that the Government has to consider. There is some serious mistake, intentional or otherwise which is eroding fairness and openness in appointments and the responsibility would be squarely on the DGP. He has to reflect upon this with all seriousness.
Mr Partha Sarthy, learned counsel appearing for the DGP submits that when the writ petition was taken up, certain facts do not appear to have been brought to the notice of this Court and, accordingly, a review application is to be filed after two years. This only reflects extremely sorry state of affairs in the Police Department.
Be that as it may, put up this application alongwith the concerned writ petition as and when civil review application is filed.
(Navaniti Prasad Singh, J) M.E.H./-
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