Petitioner filed a contempt application alleging O.P.s failed to comply with a prior High Court direction. The Court found no objection in the respondents' sworn integrity certificate regarding pending proceedings. Consequently, no contempt was made out and the matter was remitted to the UPSC.
Contempt Application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2060 of 2014 In
Civil Writ Jurisdiction Case No. 17262 of 2013
======================================================
Jitendra Kumar Singh, Son of Sri Sitaram Singh at present posted as A.D.M., Patna (Departmental Enquiry), Patna Collectorate, Patna, P.S. – Gandhi Maidan, District - Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh For the Respondent/s : Mr. Raju Giri Mr. Nikhil Agrawal
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
03. 03.09.2014 Heard learned counsel for the parties.
Annexure-1 is the order, dated 16.01.2014, passed in C.W.J.C. No. 17262 of 2013. The present Contempt Application has been filed by the petitioner making a grievance that the direction of the Court has not been carried out by the O.P.s and they are in contempt.
Patna High Court MJC No.2060 of 2014 (3) dt.03-09-2014
2/2
In the show-cause, which has been filed on behalf of the O.P.s, especially sworn by the Principal Secretary, General Administration, Government of Bihar, Patna, they have taken a plea that the ACR for the period of suspension, which 02.10.2008 to 31.03.2009 has not been recorded, therefore, the said ACR could not be forwarded to UPSC. However, they have still issued an integrity certificate, which is Annexure-C, dated 27.06.2014. The Court does not found anything objectionable in the integrity certificate in the sense that it only indicates the position that there are two proceedings pending in the High Court, one is a writ application and the other is LPA.
Nothing negative as such has been otherwise recorded in the integrity certificate.
Be that as it may, in view of the same, no contempt against the O.P.s as such is made out. Now the ball is in the court of UPSC.
Contempt Application is dismissed.
(Ajay Kumar Tripathi, J.)
SKM/-
U
2 issues framed by the court
Whether the respondents are in contempt of court for failure to comply with a direction.
Whether the issuance of an integrity certificate despite pending proceedings constitutes contempt.
Jitendra Kumar Singh
State of Bihar
Union of India
Union Public Service Commission
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
