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Judgment
The petitioner is aggrieved by inaction on the part of the State-respondents in not taking appropriate decision to revert the respondent nos. 5 to 17 in L.P.A No. 392 of 2019 to a lower post and to cause an inquiry against the members of the Departmental Promotion Committee.
In the present contempt case, the petitioner has made the following statements:
“21. That the petitioner states that the order passed in LPA no.392 of 2019 has been confirmed by the Apex Court but till date the OP did not comply with order dated 16.12.2022.
That the OP as such deliberately and willfully did not comply with order dated 16.12.2022 and no enquiry was conducted by OP No.2 and no step has also been taken against the members of DPC by fixing accountability. The OP/contemnor also did not pass any order against the private respondents for reversion of the said persons in their original post.”
It is admitted at Bar that the Special Leave Petition filed by Upendra Kumar Rai and others who were the respondent nos. 5 to 17 in L.P.A No. 392 of 2019 was dismissed by the Hon’ble Supreme Court on 20th February 2023. Still, no action was taken by the State-respondents to comply with the direction issued by the Letters Patent Court.
In the show-cause reply filed by O.P. No.4, it is stated that the Special Leave Petition preferred by the State of Jharkhand was pending consideration before the Hon’ble Supreme Court. However, we are apprised that the said Special Leave Petition vide Special Leave Petition (Civil) Diary No(s). 39743 of 2023 has also been dismissed on 3rd November 2023.
Mr. Ashok Kumar Yadav, the learned Sr. SC-I states that the opinion of the learned Advocate General has been obtained and necessary steps for complying with the directions issued by the Letters Patent Court in L.P.A No. 392 of 2019 shall be taken.
In view of the aforesaid developments, the present contempt case is disposed of with a direction to the Chief Secretary of the State of Jharkhand to ensure that an inquiry against the members of the Departmental Promotion Committee as indicated in the judgment passed in L.P.A No.392 of 2019 is completed within a period of two months, failing which the Registry shall institute a suo-motu contempt case against the Chief Secretary of the State of Jharkhand.
Contempt Case (Civil) No. 471 of 2023 is closed.