Non-compliance with court orders and the need for the Secretary, Department of Personnel and Training, Govt. of India, to review the proceedings of Selection Board for promotion to I.A.S. from State Service held in October, 1993, in accordance with the judgment of the Apex Court.

1. - This Court allowed the writ-petitions filed by the petitioner Kesri Singh and K.P. Singhal, vide its order dated 1.2.1993, passed the following order:-

"Consequently, I allow the writ petitions and direct the respondent i.e., the State of Rajasthan to re-convene the D.P.C. within 15 days from today and to consider the petitioners for promotion to super time scale of R.A.S. against the vacancies of the year 1992-93, provided they fall within the zone of consideration and to promote them on the said post, in case they, are found suitable. In case the D.P.C. has already considered the cases of the petitioners for promotion to super time scale, the respondent is directed to declare the result of D.P.C. and to pass necessary orders."

2. Against the said order the State of Rajasthan filed D.B. Civil Special Appeal Nos. 59/93 and 60/93, which were allowed by this Court on 2.4.1993, and the order dated 1.2.1993, was set aside. Against the said judgement the petitioners filed separate Special Leave Petitions, which were allowed by the Apex Court on 20.4.1995. The operative portion of the judgement reads as under:-In the result, these appeals succeed. The decision rendered by the Division Bench of the High Court is set-aside and the judgement and order of the learned Single Judge is restored. The benefit of this interpretation will be worked out by the concerned Governments so far as the appellants are concerned but so far as the private respondent is concerned, he has since been inducted into the All India Services and, therefore, he is not likely to be affected any more. The appeals will stand allowed accordingly with no order as to costs.

3. When the non-petitioners did not take any steps to comply the aforesaid judgement of this Court and also of Apex Court, the petitioner Kesri Singh filed the present application and prayed that the non-petitioners be punished for wilful disobedience of the aforesaid orders.

4. On 10.7.1995, Notice was issued to the non-petitioners. The non-petitioners filed reply and the petitioner also submitted a rejoinder. Today Mr. A.K. Bhandari, counsel for the non-petitioners placed before me a letter dated 3.8.95, written by the Government of Rajasthan to the Secretary, Department of Personnel & Training, Govt. of India, New Delhi. The relevant portion of the said letter reads as under:-

"Shri K.P. Singhal already stands included and the other two officers are not eligible to be considered. Therefore, the only consequence of reviewing the Select List made in Oct. 1993, would be a change in the year of selection to be assigned to Shri K.P. Singhal. Under the circumstances there does not appear to be any reason not to operate the select list prepared in January, 1995. The proposals for appointment of State Civil Service Officers against the promotion quota-vacancies are being sent separately, taking into consideration the vacancies available as on date."

5. Shri Dhankar, counsel for the petitioner submits that the non-petitioners have admitted that in pursuance of the judgement passed by the Apex Court, it has become necessary to review the proceedings of Selection Board held in October, 1993, but no steps have been taken for the same. He submits that the Rajasthan Govt. has also sent a Select List prepared in January 1995, of 19 officers to the Union of India against the promotion quota vacancies in I.A.S. These 19 persons are junior to the petitioner and Shri K.P. Singhal. These persons cannot be promoted without reviewing the proceedings of the Selection Board in haste wants that the Selection List prepared in January, 1995, be operated by the Central Govt. without reviewing the proceedings of Selection Board held in October, 1993.

6. Mr. Bhandari, counsel for the non-petitioners submits that the Govt, sent List to the Union Govt. before the judgement of Apex Court. It is for the Union Govt. to review the proceedings of the Selection Board held in October 1993. The matter is not in the hands of th