JUDGMENT

1. This appeal is directed against order dated 18.01.2002 passed by the Division Bench of the Jharkhand High Court in CWJC No. 3015/98(R), whereby the draft scheme presented by the Administrator of Ranchi Municipal Corporation for recruitment of class-III and class-IV employees was approved by the High Court with certain modifications.

2. Respondent No. 1, Mr. Rajnish Kumar filed a petition in the name of public interest litigation questioning the functioning of Appellant, Ranchi Municipal Corporation and its financial accountability. During the pendency of the writ petition, the Division Bench of the High Court passed an order dated 12.8.1999 whereby the Appellant was restrained from making appointment on any post. As a consequence, no recruitment could be made against 1333 sanctioned class-III and class-IV posts.

3. Since the Appellant was facing acute shortage of staff, an application was filed in the High Court for vacating the interim order. After considering the grievance made in the application, the Division Bench of the High Court passed order dated 27.9.2001, which reads as under:

In this application, the Ranchi Municipal Corporation has prayed for a suitable modification in the order dated 12.8.1999 passed by a Division Bench of this Court whereby the corporation and its officials were restrained from making any appointment on any post till further orders from this Court.

In this application (Flag 'Z') it is contended by the corporation that there are altogether 1333 sanctioned class III and class IV posts in the Ranchi Municipal Corporation and that at present as many as 363 class IV posts are lying vacant. Various reasons and grounds including those relating to the cleaning operations, removing garbage etc. have been given in the application seeking the court's permission to make appointments on these posts.

We have carefully read the writ application. We have gone through the annexures also filed alongwith the writ application. We find from a very close reading of the writ application that the Petitioner has not at all made out any case with respect to any challenge to any class III or class IV posts either in the past or for any future appointments. Despite the fact that the Petitioner did not either challenge any appointment on class III or class IV posts made in the past, nor sought any quashing of any such order, nor did the Petitioner make out any case in favour of restraining the Respondent corporation from making any such appointment on any such posts in future, why and under what circumstances did this Court have to issue the aforesaid restrain order against the corporation on 12.8.1999 is at all not understood by us. Since we were at a total loss to understand as to why did it have to issue such a blanket restraint orders against the corporation, we tried our best to take the assistance of the learned Counsel appearing for the Petitioner to explain to us and educate us as to the reasons and circumstances under which such an order had to be passed by this Court.

We must say very, very painfully that the learned Counsel appearing for the Petitioner was not able to explain to us any reason or ground for this Court having done so. We repeatedly told him so that because we do not want to vacate an interim order unless we are very sure of the reasons and grounds for doing so, he should explain to us the aforesaid reasons. But he could not offer any help to us.

Since no one has been able to explain to us the raison d'etre, objective, purpose, background or the circumstances under which such a blanket order has to be passed by this Court, we have no hesitation in vacating that order, specially in view of the fact that an utility service like Ranchi Municipal Corporation cannot be perpetually restrained from keeping so many posts vacant. Keeping posts vacant would vitally affect the functioning of the corporation in a public interest matter.

We are, therefore, inclined to vacate the aforesaid restraint order passe