Court No. - 6
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4515 of 2018 Applicant :- Kuldeep Malik And 10 Others Opposite Party :- Anup Kumar Pandey Chief Secretary Counsel for Applicant :- Yadvendra Pratap Singh,Sanjai Singh
Hon'ble Ashok Kumar,J.
This contempt application is filed by the following applicants.
(1) Kuldeep Malik (2) Sukhbir Singh (3) Megh Singh Verma (4) Amit Kumar (5) Anchal Kumar Poswal (6) Pankaj Malik (7) Anil Kumar (8) Vibhor Kumar (9) Ashwani Ahlawat (10) Kapil (11) Gyanendra Kumar.
The applicants prayed for issuance of a summon to the opposite party, the present Chief Secretary, to appear in person and to punish him for wilful and deliberate flouting the order dated 12.12.2017 passed by this Court in Civil Misc. Writ Petition No. 760 of 2014, and or pass such order and further order which this Court may deem fit and proper.
Heard learned counsel for the applicants.
Learned counsel for the applicants has placed the order passed by this Court in Writ -A No. 760 of 2014 dated 12.12.2017. Particularly the contents of para 26,27,28 and 29 which are quoted herein below:-
"26. From the inquiry reports it is evident that the petitioners were not selected candidates. But their names were later on included in the select list and they were sent for training for extraneous considerations by the officers concerned. Since they had completed the training and were allowed to take written examination in pursuance of the interim orders passed in the writ petitions filed by them earlier, their result ought to be declared and training certificates may be issued to them in compliance of the final judgment and order dated 15.03.2011.
27. Since this Court in its judgment and order dated 15.03.2011 had expressly forbidden appointment of 55 additional candidates beyond 575 candidates who were found eligible to be appointed as Livestock Extension Officers, this Court cannot approve the action of Government in making appointments of these additional 55 candidates also and 66 others as has been alleged by the petitioners to have been done by the Government in their various affidavits filed before this Court and which fact has also not been denied by the State-Respondents in their various affidavits filed before this Court.
28. A copy of this order be placed before the Chief Secretary, Government of U.P. for initiation of inquiry as to how after specific observations of this Court in its judgment and order dated 15.03.2011 for appointment of only 575 candidates out of a list of 630 candidates in pursuance of the advertisement and selection held in year 2004, fifty five additional candidates from the select list of 630 candidates and 66 others, have been given appointment and it is expected that a High Level Inquiry be conducted in this regard and if need be an additional First Information Report be lodged against the officers involved in the scam. Copy of this order shall be forwarded by the Registry of this Court to the Chief Secretary, State Government, Uttar Pradesh, Lucknow forthwith.
29. The writ petition is dismissed except to the observations made herein above regarding Enquiry to be conducted by the Chief Secretary and responsibility being fixed of officials who appointed 121 more candidates despite orders to the contrary passed by this Court on 15.03.2011 as expeditiously as possible say within six months from the date a certified copy of this order is placed before the Chief Secretary. The inquiry report shall be placed by the Chief Secretary before the Hon'ble Chief Minister for necessary orders thereafter."
This Court while dismissing the writ petition (which was filed by the present 11 applicants) has clearly directed the Chief Secretary, the sole respondent in the instant contempt application, to conduct an enquiry as to how the officials appointed 121 more candidates contrary to the order passed by this Court dated 15.03.2011 by fixing the responsibility against the erring officials.
This Court has specifically directed the Chief Secretary that the said enquiry must be completed possibly within a period of six months from the date a copy of the order dated 12.12.2017 is produced before him.
Learned Additional C.S.C. has placed the instructions, which indicates that in compliance of the order dated 12.12.2017 the matter has been referred to special investigation team.
This is surprised to notice that the Chief Secretary, has not complied with the direction of this Court and as such has proceeded in the matter just a month back by issuing a letter dated 07.08.2018 and in pursuance thereto the Special Investigation Team proceeded in the matter.
In view of the aforesaid, it is hereby directed that the true compliance of the order of this Court dated 12.12.2017 be made by the Chief Secretary, Government of U.P., Lucknow and appropriate action, in accordance with law, be taken against the officials who were involved in the matter.
The contempt application is dismissed.
Since this contempt application is totally mis-conceived and is frivolous, as such is filed by the applicants, to pressurise the respondent authority, this Court proposes to impose a cost of Rs. 1 lakh upon the applicants. The applicants are directed to deposit the amount within two weeks from today in forum of High Court Legal Services Committee, High Court Allahabad and file the acknowledgement slip before the Registrar General, High Court, Allahabad. A copy of this order be placed before the Registrar General, High Court, Allahabad for the purposes of compliance.
Order Date :- 24.9.2018 SK Srivastava