Dismissed

Rakesh Kumar Choudhary and Anr. v. The State Of Bihar and Ors.

Patna HC14 Jul 2014MJC/5720/2013

Case brief

AI extract

What is this about?

A group of contempt petitions filed by candidates unsuccessful in 2004 police Sub-Inspector recruitment alleging non-compliance with a Court direction to ascertain vacancies. The Court rejected the petitions, upholding the State policy of carrying unfilled vacancies to the next selection process.

What did the court decide?

M.J.Cs summarily rejected; no case of contempt made out.

Rakesh Kumar Choudhary and Anr. Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Miscellaneous Jurisdiction Case No.1516 of 2013

¶3

¶4

Civil Writ Jurisdiction Case No. 15059 of 2011

¶5

======================================================

¶6

Lokesh Kumar, S/o Sri Brahmdeo Prasad, R/o Village - Pachira Bazar, Police Station - Koilwar, District - Bhojpur

¶7

.... .... Petitioner

¶8

Versus

¶9

The State Of Bihar

¶10

Sri Abhayanand, The Director General Of Police, Bihar, Patna

¶11

Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna

¶12

.... .... Contemnors-Opposite Parties

¶13

======================================================

¶14

with

¶15

Miscellaneous Jurisdiction Case No.1517 of 2013 IN

¶16

Civil Writ Jurisdiction Case No. 10721 of 2011

¶17

======================================================

¶18

Prakash Kumar Singh, S/o Vijay Kumar Singh, R/o Village - Sarana, Police Station - Shahpur, District - Bhojpur

¶19

.... .... Petitioner

¶20

Versus

¶21

The State Of Bihar

¶22

Sri Abhayanand, The Director General Of Police, Bihar, Patna

¶23

Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna

¶24

.... .... Respondent/s

¶25

======================================================

¶26

with

¶27

Miscellaneous Jurisdiction Case No.1542 of 2013 IN

¶28

Civil Writ Jurisdiction Case No. 9836 of 2011

¶29

======================================================

¶30

Babloo Thakur, S/o Botal Thakur, R/o Village + P.O. Kulhariya, P.S. Parwata, District Khagriya.

¶31

Pankaj Kumar S/o Shri Ram Bilash Pandit, R/o Village + P.O. Kulhariya, P.S. Parwata, District Khagriya.

¶32

.... .... Petitioners

¶33

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶34

2/14

¶35

Versus

¶36

The State Of Bihar Through Ashok Kumar Sinha, Chief Secretary, Govt.

¶37

Of Bihar.

¶38

Ashish Ranjan Sinha, Director General Of Police, Old Secretariat, Patna.

¶39

Ravindram Sankaram, Superintendent Of Police, Munger.

¶40

.... .... Opposite Parties

¶41

======================================================

¶42

with Miscellaneous Jurisdiction Case No.1941 of 2013 IN LPA 831 of 2009

¶43

Arising from

¶44

Civil Writ Jurisdiction Case No. 5230 of 2009

¶45

======================================================

¶46

Kapil Kumar Paswan, S/o Shankar Paswan, Resident Of VillageBaijalpura, P.O- Jhajha, District- Jamui.

¶47

.... .... Petitioner

¶48

Versus

¶49

The State Of Bihar through the Chief Secretary, Government Of Bihar, Patna, Mr. A.K. Sinha.

¶50

Director General of Police, Bihar, Patna Mr. Abhayanand.

¶51

Superintendent Of Police, Munger, Mr. P.Kanar.

¶52

.... .... Respondents-Opposite Parties

¶53

======================================================

¶54

with

¶55

Miscellaneous Jurisdiction Case No.1945 of 2013 IN Civil Writ Jurisdiction Case No. 9799 of 2011

¶56

======================================================

¶57

Brij Bihari Rai, S/o Ram Nath Rai, R/o Village- Shiv Nagar, P.OBishunpura, Dumariya Via Kayam Nagar, District- Bhojpur.

¶58

.... .... Petitioner

¶59

Versus

¶60

The State Of Bihar Through Ashok Kumar Sinha, Chief Secretary, Govt. Of Bihar.

¶61

Ashish Ranjan Sinha, Director General of Police, Old Secretariat, Patna.

¶62

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶63

3/14

¶64

.... .... Opposite Parties

¶65

====================================================== with Miscellaneous Jurisdiction Case No.2014 of 2013 IN

¶66

Civil Writ Jurisdiction Case No. 9828 of 2011

¶67

====================================================== Bipul Kumar, S/o Sri Jitendra Singh, Resident Of Village Tilakpur, P.S. Chanan, District Lakhisarai.

¶68

.... .... Petitioner

¶69

Versus

¶70

The State Of Bihar through Ashok Kumar Singh, The Chief Secretary, Govt. Of Bihar, Patna.

¶71

Amir Subhani, S/o Not Known to the petitioner, Home Commissioner, Bihar, Patna.

¶72

Abhya Nand Singh, S/o Not Known to the petitioner, Director General Cum Inspector General Of Police, Bihar, Patna.

¶73

Jitendra Singh Gangwar, S/o Not Known to the petitioner, Deputy Inspector General of Police, Human Rights, Patna.

¶74

Nand Kishore Yadav, S/o Not Known to the petitioner, Deputy Inspector General Of Police, Munger.

¶75

Amrit Raj, S/o Not Known to the petitioner, Superintendent Of Police, Patna.

¶76

Sanjay Kumar Singh, S/o Not Known to the petitioner, Commandant, B.M.P.-9, Jamalpur, District Munger.

¶77

Rajesh Kumar, S/o Not Known to the petitioner, Superintendent Of Police, Munger.

¶78

.... .... Contemnors-Opposite Parties

¶79

====================================================== with Miscellaneous Jurisdiction Case No.2015 of 2013 IN LPA 1214 of 2009 Arising from Civil Writ Jurisdiction Case No.5230 of 2009

¶80

======================================================

¶81

Pappu Kumar Mandal, S/o Sri Kailash Mandal, Resident Of Village +

¶82

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶83

4/14

¶84

P.O. Latipur, P.S. Bihpur, District Bhagalpur.

¶85

Rajeev Kumar, S/o Sri Hari Lal Choudhary, Resident Of Village + P.O. Gouripur, P.S. Bihpur, District Bhagalpur.

¶86

Pranav Kumar, S/o Sri Upendra Choudhary, Resident Of Village + P.O. Gouripur, P.S. Bihpur, District Bhagalpur.

¶87

Rajeev Ranjan, S/o Sri Yogendra Narayan Choudhary, Resident Of Village + P.O. Gouripur, P.S. Bihpur, District Bhagalpur.

¶88

.... .... Petitioners

¶89

Versus

¶90

The State Of Bihar through Ashok Kumar Sinha, The Chief Secretary, Govt. Of Bihar, Patna.

¶91

Amir Subhani, S/o Not Known to the petitioners, Home Commissioner, Bihar, Patna.

¶92

Abhya Nand Singh, S/o Not Known to the petitioners, Director General Cum Inspector General, Bihar, Patna.

¶93

Jitendra Singh Gangwar, S/o Not Known to the petitioners, Deputy Inspector General Of Police, Human Rights, Patna.

¶94

Suneel Kumar, S/o Not Known to the petitioners, Inspector General, B.M.P., Patna.

¶95

Amit Jain, S/o Not Known to the petitioners, Deputy Inspector General Of Police, Bhagalpur.

¶96

Amrit Raj, S/o Not Known to the petitioners, Superintendent Of Police, Patna.

¶97

Sanjay Kumar Singh, S/o Not Known to the petitioners, Superintendent Of Police, Bhagalpur.

¶98

Dheeraj Kumar, S/o Not Known to the petitioners, Superintendent Of Police, Naugachia.

¶99

Rajesh Kumar, S/o Not Known to the petitioners, Superintendent Of Police, Munger.

¶100

.... .... Contemnors-Opposite Parties

¶101

======================================================

¶102

with

¶103

Miscellaneous Jurisdiction Case No.2109 of 2013

¶104

¶105

Civil Writ Jurisdiction Case No. 6144 of 2011

¶106

======================================================

¶107

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶108

5/14

¶109

Saroj Kumar, Aged about 28 years, Son of Sri Keshwar Ram, Resident of Village Khesarahiya, P.S.- Koilawar, District- Bhojpur

¶110

.... .... Petitioner

¶111

Versus

¶112

The State Of Bihar

¶113

Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna

¶114

Sri Abhyanand, The Director General Of Police, Bihar, Patna .... .... Contemnors-Opposite Parties

¶115

======================================================

¶116

with

¶117

Miscellaneous Jurisdiction Case No.2110 of 2013 IN

¶118

Civil Writ Jurisdiction Case No. 6144 of 2011

¶119

======================================================

¶120

Amit Kumar, Son of Sri Mithilesh Paswan, Resident of Village Khesarahiya, P.S.- Koilawar, District- Bhojpur

¶121

.... .... Petitioner

¶122

Versus

¶123

The State Of Bihar

¶124

Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna

¶125

Sri Abhyanand, The Director General Of Police, Bihar, Patna

¶126

.... .... Contemnors-Opposite Parties

¶127

======================================================

¶128

with

¶129

Miscellaneous Jurisdiction Case No.2112 of 2013 IN

¶130

Civil Writ Jurisdiction Case No. 9799 of 2011

¶131

======================================================

¶132

Nil Kamal Das, Son of Jamuna Das, Resident of Bhopat Pur, P.S. Koilawar, District Bhojpur

¶133

.... .... Petitioner

¶134

Versus

¶135

The State Of Bihar

¶136

Sri Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna

¶137

Sri Abhyanand, The Director General Of Police, Bihar, Patna

¶138

.... .... Contemnors-Opposite Parties

¶139

======================================================

¶140

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶141

6/14

¶142

with

¶143

Miscellaneous Jurisdiction Case No.2311 of 2013 IN

¶144

Civil Writ Jurisdiction Case No. 9818 of 2011

¶145

======================================================

¶146

Law Kumar Singh, S/o Sri Bhagwan Singh, Resident of Village- Kundesar, P.S- Shahpur (Patti), District- Bhojpur.

¶147

.... .... Petitioner

¶148

Versus

¶149

The State Of Bihar

¶150

Mr. Ashok Kumar Sinha, The Chief Secretary, Bihar, Patna.

¶151

Mr. Abhyanand, The Director General Of Police, Bihar, Patna.

¶152

.... .... Contemnors-Opposite Parties

¶153

======================================================

¶154

with

¶155

Miscellaneous Jurisdiction Case No.2403 of 2013 IN Civil Writ Jurisdiction Case No. 9827 of 2011

¶156

======================================================

¶157

Bhrigu Nandan Kashyap, Son of Late Triveni Prasad Kashyap, Resident of Village and P.O.:- Karmadih, P.S.: Shambhuganj, District:- Banka

¶158

.... .... Petitioner

¶159

Versus

¶160

The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief Secretary, Govt. Of Bihar, Patna

¶161

Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna

¶162

Mr. Abhayanand, The Director General Cum Inspector General of Police, Govt. Of Bihar, Patna

¶163

Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna

¶164

Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of Bihar, Patna

¶165

Ms. K.S. Anupama, The Superintendent Of Police, Bhagalpur

¶166

Mr. Vikas Verman, The Superintendent of Police, Banka

¶167

.... .... Contemnors-Opposite Parties

¶168

======================================================

¶169

with

¶170

Miscellaneous Jurisdiction Case No.2404 of 2013

¶171

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶172

7/14

¶173

¶174

Civil Writ Jurisdiction Case No. 9836 of 2011

¶175

======================================================

¶176

Ajit Kumar Singh, Son of Shri Ram Pukar Singh, Resident Of Village And P.O.:- Marukiya, P.S.: Khajauli, District:- Madhubani

¶177

.... .... Petitioner

¶178

Versus

¶179

The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief Secretary, Govt. Of Bihar, Patna

¶180

Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna

¶181

Mr. Abhayanand, The Director General Cum Inspector General of Police, Govt. Of Bihar, Patna

¶182

Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna

¶183

Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of Bihar, Patna

¶184

Ms. Garima Mallick, The Superintendent Of Police, Darbhanga

¶185

Mr. Ranjeet Kumar Mishra, The Superintendent Of Police, Darbhanga

¶186

Mr. Sudhir Prasad, The Commandant, B.M.P.- 13, Darbhanga

¶187

.... .... Contemnors-Opposite Parties

¶188

======================================================

¶189

with

¶190

Miscellaneous Jurisdiction Case No.5720 of 2013 IN

¶191

Civil Writ Jurisdiction Case No. 9832 of 2011

¶192

======================================================

¶193

Rakesh Kumar Choudhary, S/o Anil Kumar Singh, Resident Of Village And P.O. Dumaria Bujurg, P.S. Parwatta, District Khagaria.

¶194

Khagesh Kumar, S/o Binod Chandra Mishra, Resident Of Village And P.O. Dumaria Bujurg, P.S. Parwatta, District Khagaria.

¶195

.... .... Petitioners

¶196

Versus

¶197

The State Of Bihar through Mr. Ashok Kumar Sinha, The Chief Secretary, Govt. Of Bihar, Patna.

¶198

Mr. Amir Subhani, The Home Commissioner, Govt. Of Bihar, Patna.

¶199

Mr. Abhayanand, The Director General Cum Inspector General Of Police, Govt. Of Bihar, Patna.

¶200

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶201

8/14

¶202

Mr. Vinay Kumar, The D.I.G., Human Rights, Bihar, Patna.

¶203

Mr. A.K. Ambedkar, The Inspector General Of Police, B.M.P., Govt. Of

¶204

Bihar, Patna.

¶205

Mr. Jaikant, The Superintendent Of Police, Patna.

¶206

Mr. S.P. Choudhary, The Superintendent Of Police, Vaishali At Hajipur.

¶207

Mr. Asghar Imam, The Superintendent Of Police, Katihar.

¶208

Mr. Saurabh Kumar Sahah, The Superintendent Of Police, Madhepura. 10. Mr. K.S. Anupam, The Superintendent Of Police, Bhagalpur. 11. Mr. Navin Chandra Jha, The Superintendent Of Police, Munger. 12. Mr. Dilip Kumar Mishra, The Superintendent Of Police, Saharsa. 13. Mr. Sudhir Kumar Porika, The Superintendent Of Police, Supaul.

¶209

Mr. Vinay Kumar, The Superintendent Of Police, Motihari.

¶210

Mr. Mansoor Ahmad, The Commandant, B.M.P.-11, Jamui.

¶211

Mr. Rajiv Mishra, The Commandant, B.M.P.-21, Saharsa.

¶212

Mr. S.P. Sinha, The Commandant, B.M.P.-18, Bodh Gaya.

¶213

.... .... Contemnors-Opposite Parties

¶214

======================================================

¶215

with

¶216

Miscellaneous Jurisdiction Case No.6301 of 2013 IN LPA 831 of 2009 Arising from

¶217

Civil Writ Jurisdiction Case No.5230 of 2009

¶218

======================================================

¶219

Sanjay Yadav, son of Sri Bihsundeo Yadav, resident of village Katehar, P.S. Suryagadha, District- Lakhisarai.

¶220

Om Prakash, son of Jayram Singh, resident of village Salempur (Talabpar), P.O. & P.S. Suryagadha, District Lakhisarai

¶221

Satya Narayan Kumar, son of Sri Jai Kishore Yadav, resident of village Lakhochak, Police Station Chanan (Mananpur), District- Lakhisarai

¶222

.... .... Petitioners

¶223

Versus

¶224

The State of Bihar through Sri Ashok Kumar Sinha, Chief Secretary, Govt. of Bihar, Patna

¶225

Mr. Amir Subhani, the Home Commissioner, Bihar, Patna

¶226

Sri Abhyanand, Director General cum Inspector General of Police,

¶227

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶228

9/14

¶229

Bihar, Patna

¶230

Sri S. Ravindran, D.I.G. Human Rights, Bihar, Patna

¶231

Sri Jitendra Kumar, I.G., BMP, Bihar, Patna

¶232

Sri Barun Kumar Sinha, S.P. cum Chairman, District Selection Board, Police Department, Sheikhpura

¶233

Sri Rajesh Kumar, S.P. cum Chairman, District Selection Board, Police Department, Nawada

¶234

Sri R.K. Sinha, S.P. cum Chairman, District Selection Board, Police Department, Lakhisarai

¶235

Sri U.P. Singh, S.P. cum Chairman, District Selection Board, Police Department, Munger

¶236

Sri Anand Prasad Srivastava, Commandent cum Chairman, BMP-11 Selection Board, Jamui

¶237

Sri Nagendra Pd. Singh, Commandent cum Chairman, BMP-20 Selection Board, Police Department, Dumraon

¶238

.... .... Contemnors-Opposite Parties

¶239

======================================================

¶240

with

¶241

Miscellaneous Jurisdiction Case No.453 of 2014 IN

¶242

Civil Writ Jurisdiction Case No. 13847 of 2011

¶243

======================================================

¶244

Sanjay Kumar, son of Sri Ram Jiwan Prasad, resident of Village & POKhojpura, P.S. Telhara, District- Nalanda

¶245

.... .... Petitioner

¶246

Versus

¶247

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna

¶248

Sri Amir Subhani, the Principal Secretary, Department of Home, Government of Bihar, Patna

¶249

Sri Jitendra Kumar, the Inspector General of Police, Military Police, Bihar, Patna

¶250

The Selection Board (Patna Division), Bihar Military Police through its Chairman

¶251

Sri M.R. Nayar, the Chairman, Selection Board (Patna Division), Bihar Military Police-5, Patna

¶252

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶253

10/14

¶254

Sri Annum @ P. Kannun, The Commandant, Bihar Military Police, Patna

¶255

Sri Manu Maharaj, Superintendent of Police, Patna

¶256

Sri Saurabh Kumar, Superintendent of Police, Muzaffarpur 9. Sri Nishant Tiwary, Superintendent of Police, Gaya 10. Smt. Anupma C. Nilekar, I.G., Budget .... .... Respondents-Opposite Parties ====================================================== Appearance : (In MJC No.1516 of 2013) For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate For the Respondents : Mr. P.K. Mishra, GP 22 (In MJC No.1517 of 2013) For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate For the Respondent/s : Mr. H.P. Singh, GA-8 (In MJC No.1542 of 2013) For the Petitioner : Mr. Awadhesh Kr. Singh, Advocate Mr. Pramod Kumar Singh, Advocate For the Respondents : Mr. P.N. Sahi, AAG-14 (In MJC No.1941 of 2013) For the Petitioner : Mr. Bijay Prakash Singh, Advocate For the Respondents : Mr. Ashok Kr. Keshri, AAG-XI (In MJC No.1945 of 2013) For the Petitioner : Mr. Awadhesh Kr. Singh, Advocate Mr. Pramod Kumar Singh, Advocate For the Respondents : Mr. Radhika Raman, G.P. 23 (In MJC No.2014 of 2013) For the Petitioner : M/s. Pramod Kumar, Advocate Ritesh Kumar, Advocate For the Respondent/s : Mr. P.N. Sahi, AAG-14 (In MJC No.2015 of 2013) For the Petitioners : M/s. Pramod Kumar, Advocate Ritesh Kumar, Advocate For the Respondent/s : Mr. Ashok Kr. Keshri, AAG-XI (In MJC No.2109 of 2013)

¶257

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶258

11/14

¶259

For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate For the Respondents : Mr. D.K. Sinha, AAG-2 (In MJC No.2110 of 2013) For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate For the Respondents : Mr. D.K. Sinha, AAG-2 (In MJC No.2112 of 2013) For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate For the Respondents : Mr. D.K. Sinha, AAG-2 (In MJC No.2311 of 2013) For the Petitioner : Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate For the Respondents : Mr. P.N. Sahi, AAG-14 (In MJC No.2403 of 2013) For the Petitioner : M/s. Dr. Kislay, Advocate and Jyoti Ranjan Jha, Advocate For the Respondents : Mr. Subhash Pd. Singh (GA7) (In MJC No.2404 of 2013) For the Petitioner : M/s. Dr. Kislay, Advocate and Jyoti Ranjan Jha, Advocate For the Respondents : Mr. Subhash Pd. Singh (GA7) (In MJC No.5720 of 2013) For the Petitioners : Mr. Dr. Kislay, Advocate For the Respondents : Mr. Subhash Pd. Singh (GA7) (In MJC No.6301 of 2013) For the Petitioners : Mr. Sanjeev Kumar Singh, Advocate For the Respondent s : Mr. Kaushal Kumar Jha (AAG14) (In MJC No.453 of 2014) For the Petitioner : Mr. Azhar Kareem, Advocate For the Respondent s : Mr. Anil Kr Uapdhyay (SC20) ======================================================

¶260

CORAM: HONOURABLE THE CHIEF JUSTICE And

¶261

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶262

12/14

¶263

HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

¶264

ORAL ORDER

¶265

(Per: HONOURABLE THE CHIEF JUSTICE)

¶266

4 14-07-2014

¶267

This group of applications filed under Article 215 of the Constitution read with Section 12 of the Contempt of Courts Act, 1971 arise from the directions issued by a Bench of this Court on 28^th June 2011 in a group of writ petitions.

¶268

The matter relates to selection and appointment of police Sub-Inspectors in Bihar Police Service. Pursuant to a 2004 selection process commenced under advertisement Nos.1 of 2004, 2 of 2004 and 3 of 2004 published by the State of Bihar, some 10474 vacancies in the cadre of police SubInspectors were advertised, selection process was undertaken and appointments were also made. In course of time, several writ petitions had been filed in respect of the said recruitment process and were disposed of. The petitioners in the above mentioned group of writ petitions are those candidates who could not succeed at the selection process. The said writ petitioners approached this Court as late as in 2011.

¶269

According to the writ petitioners, the State Government had failed to advertise all vacancies available in 2004 and that such vacancies were advertised in 2009 under public notice no.2 of 2009.

¶270

Considering the grievance made by the writ petitioners, the Bench directed the Director General of Police “to ascertain actual number of vacancies available on the date of publication of advertisements of the year 2004 and also prepare a fresh merit list of the candidates who were

¶271

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶272

13/14

¶273

declared eligible after the regular recruitment process and the same shall be considered in accordance with Rules. The entire process shall be completed within a period of six months from the receipt of copy of this order.”

¶274

It is now the grievance of the petitioners that the respondents have failed to carry out the above directions. In answer to the notice, a show cause has been filed by one Pramod Kumar Thakur, Director General of Police, Bihar. He has made categorical statement that at the relevant time 10474 vacancies were available and were advertised under public notice nos.1 of 2004, 2 of 2004 and 3 of 2004.

¶275

It is further submitted that several selected candidates did not join the duty or after joining they left the service. All such vacancies were advertised in the next selection process commenced in 2009.

¶276

Learned advocates appearing for the petitioners have made a grievance that more than 900 posts which remained vacant in 2004 selection process should have been offered to the writ petitioners or to the candidates empanelled in 2004 selection process.

¶277

We see no substance in these Petitions. Once it is asserted that all available vacancies, 10474 in number, were advertised in 2004, the question of compliance with the aforesaid direction issued on 28^th June 2011 does not arise. The said directions can not be read to offer the unfilled vacancies to the present writ petitioners or the candidates empanelled in 2004 selection process.

¶278

It is the settled policy of the State of Bihar to carry such unfilled vacancies to the next selection process. The said

¶279

Patna High Court MJC No.1516 of 2013 (4) dt.14-07-2014

¶280

14/14

¶281

policy has been noticed by the Division Bench of this Court in the matter of Manish Kumar Sahil (2008 (4) P.L.J.R. 93) and is followed in the matter of Subodh Kumar (2012 (2) P.L.J.R. 647).

¶282

647).

¶283

We do not agree with the petitioners that the respondents, particularly the Director General of Police, Bihar, have failed to carry out the direction issued by this Court or have deliberately disobeyed the said directions.

¶284

No case of contempt of the Court is made out. M.J.Cs. are summarily rejected.

¶285

(R.M. Doshit, CJ)

¶286

(Ashwani Kumar Singh, J)

¶287

K.C.jha/U

Rakesh Kumar Choudhary and Anr. v. The State Of Bihar and Ors.

Case brief

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Rakesh Kumar Choudhary and Anr. v. The State Of Bihar and Ors.

Case brief

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