TARKESHWAR PRASAD SAHU Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2009-4-212
HIGH COURT OF JHARKHAND
Decided on April 06,2009

Tarkeshwar Prasad Sahu Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

D.G.R. Patnaik, J. - (1.) Supplementary show cause has been filed on behalf of the opposite party No. 2, Deputy Commissioner, Gumla, who is present in Court in person along with opposite party No. 5, District Panchayat Raj Officer.
(2.) While tendering unconditional apology, opposite party No. 2 seeks to explain that immediately on communication of the order of this Court dated 28.1.2004, steps were taken to comply with the order, even though by the earlier order the petitioner himself was directed to file representation, but he did not file any such representation at all till April, 2007. It is further submitted that procedure for promotion of Dalpati to the post of Panchayat Sewak as laid down, involves clearance of roster and preparation of gradation list of Dalpatis and thereafter, the candidatures to be considered by the Selection Committee. The process was initiated at the level of the Divisional Commissioner, which took 21/2 years for preparation of roster and gradation list and thereafter the matter was referred to the Selection Committee. It was during this time that the representation of the petitioner was received in the month of April, 2007 which was duly considered and thereafter a decision was taken to appoint two out of the 10 candidates.
(3.) Learned counsel for the petitioner, on the other hand, would argue that the contention that the opposite parties had earlier complied with the order is misleading, inasmuch as the compliance was not made in letter and spirit of the order.;


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