Judgment

VENKATACHALA, J. :- S.L.P. (C) Nos. 12593-97 of 1992 are the Special Leave Petitions filed by the Bihar Public Service Commission -the BPSC and its Chairman, Dr. Ram Ashray Yadav, who are respondent 4 and respondent 3 respectively in Writ Petition C.W.J.C. No. 1898 of 1992 filed by Dr. Shiv Jatan Thakur (Dr. Thakur) before the High Court of Judicature at Patna impugning the interim orders made therein by the High Court on several dates. Transferred Case No. 2 of 1993 is the very Writ Petition. C.W.J.C. No. 1898 of 1992 before the High Court, which has been withdrawn to this Court according to an order made in that regard on 18th November, 1992 in the said S.L.P.S. As the said S.L.P.S. as well as the said Transferred Case were set down together for hearing, we have heard learned counsel on all sides and are proceeding to dispose them of by this common judgment.

2. Since a correct understanding of the factual background of the Special Leave Petitions and the Transferred case, become necessary for their proper disposal, such background calls for a brief mention.

3. Dr. Thakur was appointed as a Member of the BPSC on 4th March, 1991. By a Writ Petition, C.W.J.C. No. 446 of 1992 filed in the Patna High Court by an advocate, issuance of a writ of quo warranto for removal of Dr. Thakur from his membership of the BPSC was sought on the grounds that the infirmity of blindness suffered by him had made him unfit to continue as a Member of BPSC. The High Court, no doubt, dismissed that writ petition by its judgment dated the 16th January, 1992, but observed therein thus: "Om Thakur as long as was not removed from the membership of the BPSC in accordance with law was entitled to and shall be given by the BPSC and its Chairman and officers/employees all the facilities and amenities as enjoyed by any other Member of the BPSC and in such matters there should not be any difference between a Chairman and in ordinary Member like Dr. Thakur, who shall be entitled to enjoy all the facilities enjoyed by the Chairman." That observation of the High Court, it appears, prompted Dr. Thakur to file a Contempt Petition, MJC No, 324 of 1992 before it against the Chairman as also the Secretary of the BPSC, alleging that they had wilfully violated and disobeyed the directions contained in the said observation and the same called for taking contempt action against them.

4. But, when the said contempt petition, was about to be rejected, Dr. Thakur, it also appears, filed an independent writ petition in the same High Court, being C.W.J.C. 1898 of 1992 seeking issuance of direction (1) to the Chairman of the BPSC, the State of Bihar and the Governor of Bihar to restore to him the facilities which, it was said, he had enjoyed till 1st October, 1991 and (ii) to the Government of Bihar and the Governor of Bihar to report to the President of India of the omissions and commissions of the Chairman, while he performed his functions or discharged his duties as the Chairman of the BPSC, so as to make the President to take suitable punitive action against him according to law. In that writ petition he had also sought from the High Court, award of punishment to the Chairman of the BPSC and its Secretary for the alleged wilful disobedience of the directions in the observation of the High Courts earlier judgment in C.W.J.C. 446 of 1992.

5. However, the High Court, which subsequently rejected the contempt petition filed by Dr. Thakur by its order dated 21st May, 1992, did so subject to the observation made therein to the effect that it was dismissing the contempt petition without prejudice to the rights and contentions of the parties in other proceedings.

6. The other proceeding in respect of which the rights and contentions of parties were saved by the High Court as above while dismissing Dr. Thakurs contempt petition is the aforesaid Writ Petition No. 1898 of 1992 of Dr. Thakur in which the High Court subsequently made several successive interim orders. Interim Order dat