IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2065 of 2010 1. RANJIT RANA, son of Shri Barbadeshwar Singh, resident of Sahedani House, West Boring Canal Road, P.S. Krishnapuri, District Patna 2. Mritunjay Kumar Singh, son of late Lalan Prasad Singh, resident of village Madhey, P.S Nabinagar, District- Aurangabad 3. Suresh Singh, son of Late Shaligram Singh, resident of village Hiring, P.S. Chatra, District Hazaribagh 4. Jagnarayan Singh, son of Shri Mukhan Singh, resident of village Pahleza P.S Dehri-on-Sone, District Rohtas 5. Dhirendra Prasad, son of Late Chandeshwar Prasad, R/o village- Mayi, P.S. Parwalpur District Nalanda .......Petitioners Versus 1. STATE OF BIHAR through the Chief Secretary, Shri Anup Mukherjee, Main Secretariat Building, Patna 2. Shri Anup Mukherjee, Chief Secretary, Government of Bihar, Main Secretariat Building, Patna 3. Shri Pratya Amrit, Secretary, Road Construction Department, Government of Bihar, Bisheshwaraiya Bhawan, Patna ----------- 3 08-07-2010 Heard learned counsel for the petitioners and learned counsel for the State. This contempt petition has been filed on 10-5-2010 making a prayer to punish the opposite parties for having acted in intentional disregard of order of the Supreme Court dated 8-4-1996 passed in Civil Appeal No. 7516-17 of 1996 contained in annexure-3. According to petitioners as per that order the opposite parties were required to find out whether vacancies exist as on 31-12-1987 for considering offer of appointment to petitioners who were in a waiting list as per recommendation of the Public Service Commission for 2 appointment to the post of Assistant Engineers (Civil). The Apex Court held that the Court cannot give directions to fill up vacancies from the waiting list after the lapse of one year but in exceptional circumstances it did not interfere with the order of the High Court after noticing that the High Court has also found, on the basis of materials on record, that it would not be possible for the Court to record any finding as to the number of vacancies existing on December 31, 1987 so as to give directions to fill up those posts from the waiting list candidates. Still the Apex Court noticed that the High Court was not satisfied in accepting the Government’s contention that no posts were available for appointment and hence, it was clarified by the Supreme Court that it would be for the Government to make afresh exercise to identify whether there exist vacancies meant either for general candidates or for reserved candidates and if so, how many of them do exist so as to fill up the vacancies, if so identified, from among the candidates from waiting list. Order of the Apex Court further directed that if the Government finds that there are no vacancies existing, it 3 would place a report in this behalf before the High Court accordingly. It is admitted that in the light of last observation noticed above the Government took a stand that after further exercise it had found no vacancies for taking candidates from the waiting list. As per direction of the Supreme Court such a report was placed before the High Court and was considered by a Division Bench on 30-8-1996. That order passed in the earlier writ petition bearing CWJC No. 2093/1989 is annexure-4 to this application. According to the petitioners the matter remained dormant since the order passed on 30-8-1996 and no party took any step in the matter and now the petitioners feel that they have a cause of action to prosecute the opposite parties for submitting a false report. On behalf of the petitioners, it has been submitted that false stand of the opposite parties became apparent only in the year 2007 when they issued an advertisement for filling up the vacancies on the posts in question and thereafter on account of some queries made by the petitioners. 4 In the contempt petition the main issue before this court is whether there is deliberate and intentional disobedience to order of this court or of the Apex Court by the opposite parties requiring initiation of contempt proceeding for their punishment. Considering the relevant facts noticed above and the fact that after the order of the Apex Court and further order of the Division Bench of this court in the year 1996, the matter has become stale by more than a decade, we are not persuaded to make any further enquiry as to whether the opposite parties have committed any willful or intentional disregard of the orders of this court and of the Apex Court noticed above. Further, prima facie we find that such delay is fatal in the facts of the case and interest of justice also does not require taking penal action against officials who may then be occupying the posts in question and may have been responsible for submitting a report which is now alleged to be false. We find no merit in this contempt application. It is, accordingly, dismissed. It is clarified that if the petitioners have any 5 civil right enforceable through any court proceeding, they would be at liberty to pursue their remedy in accordance with law. BKS/- (Shiva Kirti Singh, J.) (Birendra Prasad Verma, J.)