Shri Ravindra Kumar Singh v. The Union Of India, Through The Secretary, Ministry Of Home Affairs, Government Of India, New Delhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.98 of 2018 IN Civil Writ Jurisdiction Case No. 5149 of 2012 ======================================================== Shri Ravindra Kumar Singh Son of late Shri Triveni Singh Resident of AShiana Nagar, Police Station- Rajeev Nagar, District - Patna. .... .... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Home Affairs, Government of India, New Delhi .
2. Shri Rajeev Gaba, Secretary, Ministry of Home Affairs, Government of India, New Delhi.
3. Shri Harish Chandra, the Deputy Secretary, Personnel, Ministry of Home Affairs, Government of India, Police Division, North Block, New Delhi.
4. Shri. A.R. Shihag, the Secretary, UPSC (Union Public Service Commission), New Delhi.
5. Shri. O.P. Singh, the Director General, Central Industrial Secretary Force, 13 , CGO Complex, Lodhi Road, New Delhi.
6. Shri Anurag, the Inspector General, Central Industrial Security Force, Patna.
7. Shri Devdutt Singh, the Deputy Inspector General, Personnel , Central Industrial Security Force, Ministry of Home Affairs, Government of India, New Delhi.
8. Ms. D. Shymala , the Deputy Inspector General LEGAL CISF FQR, Lodh Road, New Delhi.
9. Shri V.K. Chaurasia, the Assistant Inspector General PERS CISF FHQ; Lodhi Road, New Delhi.
10. The Union Public Service Commission, through its Chairman, Prof. David R. Syiemlieh, Dholpur House, Sahjahan Road, New Delhi.
11. Shri. S.A. Naeem , then Commandant , CISF, a BCCL Dhanbad in 200304 as Reporting Authority in the ACR, Now DIG, CISF, RTC, Bhilai.
12. Shri. H.V. Chaturvedi , the DIG, CISF, BCCL, Dhanbad in 2003-04 as reviewing Authority in the ACR now IG Hqr. , CISF, New Delhi.
13. Shri A.R. Kini, IPS, then IG, CISF, ES, Patna as Accepting Authority in ACR 2003-2004
14. Shri Anil Bali, Group Commandant, CISF, Group Hqs. Patna. .... .... Respondent/s ======================================================== Appearance:
For the Petitioner : Mr. Sanjeev Kumar,Adv For the UOI : Mr. S.D. Sanjay, Addl.S.G. Mr. Kumar Priya Ranjan, CGC For the UPSC Mr. Kaushal Kumar Jha, Adv ======================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-08-2018 Heard learned counsel for the petitioner and learned counsel for the opposite parties.
2. The present petition has been filed for initiating a contempt proceeding against the opposite parties for willful disobedience of the judgment of this Court dated 15.09.2017 passed in CWJC No. 5149 of 2012.
3. Learned counsel for the opposite parties at the very outset invites reference to the supplementary show cause filed on behalf of the OP No. 14 and submits that a speaking order dated 20.08.2018 has been passed vide Annexure OP/14-E. It is pointed out that this Court had directed the Secretary, Department of Personnel and Training, Government of India, New Delhi (respondent no. 7 in the writ petition) to take a final decision in the matter. However, as stated in the supplementary show cause, the petitioner falls within the Central Industrial Security Force (CISF) and the Ministry of Home Affairs is the controlling Ministry of CISF and as such the matter does not fall within the Department of Personnel and Training, Government of India, New Delhi and as such the speaking order however, has been passed by the
Deputy Inspector General (Pers.), CSIF., in the Ministry of Home Affairs, New Delhi (OP No. 7).
4. A rejoinder to the supplementary show cause has been filed on behalf of the petitioner raising various issues on the merits of the matter.
5. This Court is of the view that the issues raised by the petitioner in the rejoinder need not be considered in the present contempt petition and any grievance against the speaking order dated 20.08.2018 passed by the OP No. 7 may be adjudicated in an appropriate proceeding before the appropriate forum in accordance with law.
6. This Court is satisfied that the opposite parties have made substantial compliance of the judgment of this Court dated 15.09.2017 passed in CWJC No. 5149 of 2012.
7. MJC No.98 of 2017 accordingly stands disposed of. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 10.09.2018 Transmission Date NA