Judgment:
1....R.P.No.762 of 12 Nishchal Jharia Ashok Das and others 13.12.2012 Shri K.C.Ghildiyal, Counsel for the petitioner.
This review petition is directed against an order dated 6.7.2012 passed by the Single Bench in Contempt Case No.1953/11 by which the contempt petition filed by the petitioner was dismissed as withdrawn, as the Judge who had passed the order has not demitted the office.
The office has listed this case for consideration before the Division Bench as per rules.
Learned counsel for the petitioner submitted that in fact the order dated 26.9.2011 passed by this Court in w.P.No.10382 of 11 (s) was not complied with but the contempt petition was withdrawn with liberty to file fresh petition on the basis of the statement made by the learned counsel for the State that the order was complied with, believing it to be true.
While the factual position is that the order was not produced before the Court and when the petitioner had became aware with the order, it revealed that in fact it was not a compliance of the order dated 26.9.2011.
On the aforesaid ground, it is prayed that the order dated 6.7.2012 passed by the Single Bench may be recalled.
We have perused the record and find that an order dated 14.3.2012 was passed by the respondents.
A copy of which is available on record on page 9 of the paper book.
From the perusal of the aforesaid it appears that a decision was taken in the matter, by the respondents and the petitioner was not found fit for adhoc promotion on the post of Addl.
S.P.The contention of the petitioner before this Court is that on the basis of the earlier sealed cover, the petitioner was entitled for the adhoc promotion and there was no necessity for convening a fresh DPC but in the review jurisdiction, we cannot decide all these aspects.
2....R.P.No.762 of 12 Nishchal Jharia Ashok Das and others 13.12.2012 Petitioner may file fresh a petition for ventilation of the grievances in which petitioner if advised so, may raise all the contentions which are available to him, but so far as this review is concerned, we do not find any merit in this petition.
This petition is accordingly dismissed.
However with liberty as indicated hereinabove.
No order as to cost.
(Krishn Kumar Lahoti) (Smt.
Vimla Jain) Judge Judge vj