Court emphasizes the necessity of compliance with orders and the implications of disrespect towards judicial decisions in promotion matters.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 30-01-2026 Heard Mr. Bindhyachal Singh, learned Senior Advocate for the petitioner and Dr. Mankeshwar Tiwari, learned Advocate for the State. Learned Advocate for the Vigilance is also present.

2. Application is filed seeking initiation of a contempt proceeding against the concerned opposite parties for their wilful and deliberate disobedience of the order of a Bench of this Court dated 17.06.2025 passed in CWJC No. 15071 of 2023, whereby this Court while disposing the writ petition has been pleased to observe as follows:

“10. Taking into consideration the above observation made by the Hon’ble Supreme Court in the case of similarly situated person, namely, Sudhanshu Kumar Chaubey and further taking into consideration the fact that in the departmental enquiry, the petitioner has been exonerated from all the charges levelled against him and the criminal trial pending before the Special Judge (Vigilance) has already been stayed by this Court, the respondents are directed to consider the case of the petitioner for promotion in the light of the observation made by the Supreme Court, as referred to herein above which will be done within three months from the date of receipt of a copy of this order.

11. Any promotion given to the petitioner will be subject to the final outcome of the criminal proceeding pending against him before the Special Judge (Vigilance), Bhagalpur.”

3. Despite the order having been passed that any promotion given to the petitioner will be subject to the final outcome of the criminal proceeding pending against him before the Special Judge (Vigilance), Bhagalpur on account of the fact that criminal proceeding has already been stayed in CWJC No. 30843 of 2025, till date the case of the petitioner has not even been considered for promotion.

4. A show cause affidavit has been filed and this Court is apprised that the case of appointment by promotion to IAS of Bihar Cadre of the petitioner was considered in the meeting dated 17.11.2023 of the Selection Committee in accordance with the provisions framed by the UPSC and subsequent thereto a fresh meeting was held on 08.10.2025; however again his case has not been considered on account of the same ground that a criminal proceeding is pending against the petitioner.

5. This Court is surprised to see that as to once the entire facts, including the ground of pendency of the criminal proceeding, was considered by this Court in its order under contempt dated 17.06.2025 and thereby the order has been passed; can the respondent–opposite parties take the same ground to defeat the claim of the petitioner. The entire action of the concerned opposite parties, prima facie, appears to be contemptuous and in the teeth of the order of this Court.

6. This Court is also apprised that the Letters Patent Appeal bearing LPA No. 894 of 2025 has also been preferred along with the petition for stay of the order under contempt;

however till date the same is pending before the Lawazima.

7. Having considered the afore noted facts and the submissions advanced by the learned Advocates for the respective parties, this Court finds that the show cause affidavit filed on behalf of the opposite party Nos. 3 and 4 is not satisfactory and in complete disregard to the order under contempt dated 17.06.2025. The action of the concerned respondents in non considering the claim of the petitioner for promotion on the same ground also appears to be contemptuous.

8. Accordingly, the show cause affidavit filed on behalf of the opposite party Nos. 3 and 4 stands rejected. The concerned opposite parties are hereby directed to ensure filing of a fresh show cause showing compliance of the order of this Court in its letter and spirit, preferably within a further period of four weeks from today.

9. Put up this case on 27.02.2026.

(Harish Kumar, J)