R.K. Merathia, J,

All these cases were taken up and were heard together at length. In Public Interest Litigation (W.P. (PIL) No. 3594 of 2011) several selection processes held by the Jharkhand Public Service Commission ( JPSC for short) have been challenged, including the 2nd selection process pursuant to the Combined Civil Services Examination, whereas in the Letters Patent Appeals (LPAs) only the 2nd selection process of Combined Civil Services Examination pursuant to the Advertisement No. 07 of 2005 is involved. Though the facts and the main questions involved in PIL and LPAs are common, but for the sake of clarity and convenience the PIL and LPA will be dealt with separately.

Relevant facts common to PIL and LPAs.

2. Several complaints were received by the State Government alleging mal-practices, favoritism, interpolation and manipulation done in the several selection processes held by the JPSC.

3. Sometimes in July, 2008, during Hon’ble Governor’s Rule, recommendations were made for enquiring into the matter. The matter remained pending for more than a year.

4. A letter dated 30.11.2009 was written by the Secretary to the Chairman, JPSC that while taking over charge, he found that the documents/papers relating to examinations were not kept properly in strong room in sealed cover, rather they were found scattered and kept openly in cartoons. He also indicated the financial irregularities.

5. By letter dated 27.08.2009 as per the direction of the Hon’ble Governor, the Vigilance Commissioner requested D.G.P. Vigilance to enquire into the allegations. On enquiry, the allegations were found prima facie correct.

6. The Memo of charges were framed against the Chairman-Sri Dilip Kumar Prasad and the members-Sri Gopal Prasad Singh, Sri Radha Govind ‘Nagesh’ with regard to different selection processes such as 1st and 2nd Civil Services Examination, Market Supervisor Examination, Lecturer Examination etc.. The charges inter alia were that the selection processes were tainted due to deliberate irregularities, mal-practices, bribe, influence and favoritism etc and that the Chairman and Members of the JPSC have misused their constitutional posts for giving benefit to their relatives; and kith and kins. Some of the names of their near and dear ones were also indicated in the charges. The PIL–WP( PIL) No.3594 of 2011

7. It may be noted that one Public Interest Litigation being WP (PIL) No. 4918/08 was filed by one Pawan Kumar Choudhary for instituting a case and investigating the 2nd Civil Services Examination conducted by JPSC. This PIL is also in the present batch.

8. Another Public Interest Litigation WP (PIL) No. 397/2010 was filed on 1.2.2010 by one Budhdeo Oraon for a direction upon CBI to investigate into the entire appointments made through the JPSC including 1st and 2nd Jharkhand Combined Civil Services Examination and also into the earnings of the Chairman and Members of JPSC and for lodging an FIR. Investigation into the appointment process of all 16 examinations was also sought including the investigation into financial irregularities.

9. A counter affidavit was filed only on behalf of the officiating Chairman, JPSC indicating therein that the steps were taken to ensure proper selection and putting the working of JPSC on track. On such affidavit, the said writ petition was disposed of on 1.9.2010 with the following order:-

“ The necessary action as prayed for putting the working of Jharkhand Public Service Commission on track has been taken by the Government. As per their response, learned counsel for the petitioner is satisfied as far now.

However, if at all any cause of action arises in future, he will have the liberty to bring those facts to the notice of this Court.

With the aforesaid observation, this petition is disposed of”.

10. Then the present PIL being W.P.(PIL)No. 3594/2011 has been filed on 1.7.2011 by the said Budhdeo Oraon seeking CBI investigation into the entire alleged appointment scam of JPSC in holdi