Harish Singh Rathore v. Shri Hasmukh Aadiya, Principal Secretary,Finance Department, Union Of India, New Delhishri Sushil Chandra, Chairman, Board Of Direct Taxes, New Delhishri P.k. D

1 -ANNEXURECHigh Court of Madhya Pradesh, JabalpurBench at Indore, IndoreCONTINUATION ORDER SHEET Contempt Case No.1527/2018 [Harish Singh Rathore s/o Jagannath Singh Rathore versus Shri Hasmukh Aadiya, Principal Secretary,Finance Department, Union of India, New DelhiShri Sushil Chandra, Chairman, Board of Direct Taxes, New DelhiShri P.K. Dash, Chief Income Tax Commissioner, Bhopal] Indore, Dated 21.08.2018 Shri V.K. Patwari, learned counsel for the petitioner. Ms. Veena Mandlik, learned counsel for the respondents. O R D E R This contempt petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 has been filed by the petitioner for drawing contempt proceedings against the respondents for non-compliance of order dated 22.01.2015 passed in Writ Petition No.7967/2014 (s). 2.Learned counsel for the respondents has drawn our attention to communication dated 23.09.2015 (Annexure C/4) and submitted that in the light of order passed on 22.01.2015 in Writ Petition No.7967/2014, the case of the petitioner was considered and at that relevant point of time, there was no vacancy, and therefore, in paragraph No.5 of communication dated 23.09.2015 (Annexure C/4) observation was made that case of the petitioner is still open for consideration and will be considered in coming vacancy years by the future Departmental Screening Committees. Pithawe RC 3.Learned counsel for the petitioner has drawn our attention to Annexure C/5 and submitted that at present total 334 vacancies are available and out of total vacancies, 5% vacancies is reserved for compassionate appointment which comes to around 17 vacancies, and this includes State of Chhatisgarh also. He also submitted that in the light of order passed by the Writ Court, necessary appointment order is to be issued by the respondents. 4.In reply, learned counsel for the respondents submits that they are going to consider the case of the petitioner in the light of above circumstances along with other identically situated persons; and decide it within a period of six months from the date of filing of the copy of the order. 5.In view of the aforesaid, no case for drawing contempt proceedings against the respondents is made out, nor any specific direction is required. 6. However, the respondents are directed to consider the case of the petitioner strictly in the light of order dated 22.01.2015 passed in Writ Petition No.7967/2014 (s) and pass appropriate order. 7.With the aforesaid, Contempt Case No.1527/2018 stands disposed of. Rule nisi, if any, is discharged. (P.K. Jaiswal) (S.K. Awasthi) Judge Judge