- (1.) IN pursuance of the order dated 1st September, 2009, the Deputy Commissioner, Sahebganj is presented before this Court by the Superintendent of Police, Sahebganj.
(2.) I have heard the learned Advocate General appearing on behalf of the opposite parties, who has meticulously taken this Court to the affidavit filed by the opposite parties in this case and has submitted that there is due compliance of the order passed by this court dated 4th November, 2007, pronounced on 6th December, 2007, in Contempt Case (Civil) No. 135 of 2007, as the proceeding has been initiated for filling up 31 posts of Class -IV employees, as stated in the counter affidavit. Reasons for not giving employment to the present petitioners have also been stated in the further counter affidavit, filed today, which was also narrated in the earlier affidavit, filed by the opposite parties and, therefore, it is submitted by the learned Advocate General of the State that if the petitioners are aggrieved, then it is open to the petitioners to challenge the action of the State, in accordance with law, but, so far as the contempt is concerned, there is no violation of the order passed by this Court, much less, a willful disobedience by the opposite parties. I have heard learned counsel for the petitioners, who has submitted that for no justifiable reasons, the petitioners have been ousted from granting employment by the opposite parties, as stated in the counter affidavit. Nonetheless, the action of the opposite parties may be permitted to be challenged before the appropriate forum, in accordance with law.
(3.) IN view of these submissions and looking to the counter affidavit filed today by the opposite parties, it appears that there is due compliance of the order passed by this Court, which is at Annexure -1 to the memo of the contempt application. There is no willful disobedience of the order passed by this Court. As directed by this Court, procedure for the appointment of the Class -IV posts is over. Of course, some more time is consumed than the time granted by this Court. Nonetheless, there is no willful disobedience of the impugned order and therefore, there is no substance in this contempt application. Hence, it is hereby, dismissed and therefore, warrant of arrest, issued by this Court is discharged.;