Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3669 of 2018 Applicant :- Jitendra Kumar Pal Opposite Party :- Suresh Chandra And 2 Other Counsel for Applicant :- Bhupendra Nath Singh,Pramendra Pratap Singh
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
The instant contempt application has been filed alleging violation of the following direction dated 23.04.2018 in Writ -A No. 59160 of 2013.
"In this view of the matter, the impugned order dated 23.6.2012, Annexure-1 to the writ petition, is wholly illegal and arbitrary and quashed and a direction is issued to the respondents to declare the result of the petitioner forthwith and if he is found to have been selected, the respondents shall take immediate steps for giving him appointment in accordance with law within one month from the date of receipt of the certified copy of this order."
The Superintending Engineer, Nalkoop Mandal, Banda opposite party no. 3 herein has passed an order on 22.05.2018, wherein he has held that Principal Secretary, Irrigation and Water Management has issued an order dated 03.12.2015 declaring the posts against which the applicant was seeking appointment as a dying cadre. It has further been observed that on the basis of marks obtained by the applicant even otherwise he has not been found selected.
Counsel for the applicant vehemently contended that the opposite parties have not taken any stand before the Writ Court that the posts have been declared as dying cadre. It has further been submitted that a proper select list has not been notified so far, therefore, the conclusion drawn in the impugned order that the applicant has not been selected, is contemptuous.
However, this Court is of the opinion that the stand taken by the opposite parties is a valid defence permissible under Clause (b) of Section 13 and, therefore, this Court is not inclined to proceed in contempt but leaves it open to the applicant to challenge the decision of opposite party no. 3.
The contempt application is disposed of accordingly.
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(Manoj Kumar Gupta, J.) Order Date :- 31.7.2018 sailesh