- (1.) Office is directed to tag the copy of the order dated 2nd March, 2012 and 20th March, 2012 passed in Contempt(Civil) Case No. 732 of 2011 in this W.P.(PIL) No. 2526 of 2012. The State has submitted counter affidavit of Chief Secretary, Government of Jharkhand indicating that at the time of bifurcation of State of Jharkhand, there were 143 posts of I.A.S. cadre in the State of Jharkhand and these posts have been increased to 208 vide notification dated 13.05.2010. However, at present working officers are 91 and out of 91, two officers are under suspension and 12 are undertaking training at different places, therefore, in fact working officers are 77 only. Therefore, it is clear that the working strength of I.A.S. officers in the State of Jharkhand has gone down to almost half of the sanctioned strength which was existing at the time of creation of the State of Jharkhand. Such position is when the requirement is of 208 officers.
(2.) In the counter affidavit it has been admitted that almost all of the officers are having substantive charge of different posts with additional charge of various departments. It will be worthwhile to mention here that one Sri Ashok Kumar Sarkar who is Member, Board of Revenue, Jharkhand in his substantive appointment capacity, has charge of Additional Chief Secretary, Forest & Environment Department as well as Additional Chief Secretary, Mines & Geology Department. It is submitted by learned Amicus Curiae that Member, Board of Revenue is required to discharge judicial function as well as he has to discharge very many important functions of even writing the ACRs of I.A.S. officers.
(3.) Be that as it may, the broad feature of the working strength of the officers in I.A.S. cadre clearly indicate that State's function and implementation of the State policies are seriously affected because of the huge number of vacancies in the cadre of the I.A.S. officers. It is also important that even due promotions are yet to be given and that too, of the year 2008 and 2009 as mentioned in sub para (iii) of para 13 of the counter affidavit, obviously from the State cadre to I.A.S. cadre. It also appears that nine of the officers are on deputation whereas State is having the shortage of officers and for repatriation, letter was sent by the State Government to the Central Government as back as on 23rd December, 2010, but no action has been taken further so as to get the services of these officers back.;