AFTAB H.SAIKIA, A.P.SUBBA, JJ. - (1.) This Suo-Motu civil contempt proceeding has been initiated on 15.7.2009 against (i) Mr. C.L. Sharma, Special Secretary to the Government of Sikkim, Department of Personnel, Administrative Reforms and Training, (ii) Mr. R.K. Purkayastha, Legal Remembrancer-cum-Secretary to the Government of Sikkim, Law Department and (iii) Mr. Tashi Wangyal, the then Superintendent of Police, Police Headquarters, Gangtok now Senior Vigilance Officer, Energy and Power Department, Government of Sikkim, Gangtok, having found a prima facie case against them on perusal of the respective affidavits filed by all those 3 (three) officers above named as directed by this Court on 1.6.2009 and 23.6.2009 in W.P. (C) No. 10 of 2007 for alleged violation of the interim order passed by this Court on 22.5.2007 in W.P. (C) No. 10 of 2007.
(2.) We have heard Dr. (Ms.) Doma T. Bhutia, the learned Counsel for the petitioner in W.P. (C) No. 10/2007 as well as Mr. J.B. Pradhan, the learned Additional Advocate General, Sikkim (for short, the A.A.G. ) appearing on behalf of the alleged contemnors.
(3.) The facts of the case which led to the initiation of the present suo- motu contempt proceedings may briefly be stated as follows : One Adup Tshering Bhutia presently working as Inspector of Police in the Sikkim Vigilance Department within the Police Department, Government of Sikkim initiated a writ proceeding being W.P. (C) No. 10 of 2007 wherein he alleging non-consideration of his seniority, assailed the inter-se seniority list of the Police Inspectors in the Police Department notified on 14.11.2006. In the writ petition he sought the following reliefs : "(a) A writ in the nature of mandamus or any other writ, order or direction for quashing or cancelling the Impugned Notification 01/PHQ dated the 14.11.2006, along with the Annexures of inter-se-seniority list of the promotees, thereby issuing another fresh rectified notification correctly placing the petitioner in conF.I.R.med capacity of Police Inspector in seniority list as per the due process of law. (b) A writ of mandamus or any other appropriate writ, order or direction in the nature thereof directing the respondent Nos. 1 and 2 to issue fresh notification and prepare a fresh list of seniority for the promotees thereby duly incorporating the name of the petitioner in conF.I.R.med capacity of Police Inspector and to place in senior position according to the established rules. (c) Issue a writ of mandamus or any other appropriate writ, order or direction in the nature thereof directing the respondent Nos. 1 and 2 to establish a transparent and fair system while maintaining fresh conF.I.R.med seniority list of Police Inspectors according to the procedure established by law. (d) And pass such other order or orders as this Hon ble Court may deem fit and proper in the fact and circumstances of the case." ;