Parma Nand Singh vs The State of Bihar and Others

Radha Mohan Prasad, J.—This writ petition is directed against the order of reversion of the petitioner from the post of Executive Engineer, vide Annexure 19. This Court, in the facts and circumstances, vide order dated 28.9.2005, directed this matter to be heard alongwith C.W.J.C. No. 6913 of 2004 and, meanwhile, the petitioner was directed to be given similar treatment as has been given to the petitioners of the said writ petition by virtue of the interim order passed in their case.

As the said interim order was not complied, this Court, vide order dated 18.10.2005, suo motu initiated contempt proceeding against the Commissioner-cum Secretary, Road Construction Department and the Secretary, Rural Development Department (respondents No. 2 and 4 respectively), which has been registered as M.J.C. No. 2879 of 2005. Earlier they appeared and filed their show cause on 20.10.2005. However, this Court prima facie being not satisfied with the compliance of the order, adjourned the matter on the prayer made by the said respondents to enable them to come with compliance and further directed that in case of compliance, personal appearance of the said two officers shall remain dispensed with until further orders. Meanwhile, C.W.J.C. No. 6913 of 2004 alongwith several other similar writ petitions was disposed of vide order dated 19.10.2005.

Learned counsel for the parties have fairly submitted that since in the present writ petition, the same impugned order is under challenge, the case of the petitioner shall also be governed by the said order dated 19.10.2005 passed in C.W.J.C. No. 6913 of 2004 and other analogous cases.

Regarding compliance of the interim order, a supplementary show cause has been filed on behalf of the Secretary, Road Construction Department, to which a photocopy of Notification, bearing No. 8076(S) dated 26.10.2005 recalling the impugned order of reversion has been brought on record as Annexure 1. In the said order, all the concerned officers, including the petitioner, have been directed to join as Executive Engineer in the headquarters of the Road Construction Department.

Learned counsel for the petitioner has submitted that it is true that the impugned order has been recalled but insofar as the interim order is concerned, it has not been complied till date.

Mr. Shahi, learned counsel appearing for the Secretary of the Road Construction Department has fairly submitted that by virtue of the interim order passed in C.W.J.C. No. 6913 of 2004, the petitioner will be entitled for all the consequential benefits, including salary, since the date of reversion as well as appropriate posting. In the facts and circumstances, the apology tendered by the opposite parties is accepted and the contempt proceeding initiated, vide M.J.C. No. 2879 of 2005 is hereby dropped. The M.J.C. application is thus, dismissed. This writ petition is disposed of in terms of the said order dated 19.10.2005 passed in C.W.J.C. No. 6913 of 2004 with further aforementioned direction.