Chandrakant Kumar vs Sanjeev Kumar Guddu & Ors.

In the contempt application, the petitioner alleges that the due process of filling up vacancies of Junior Engineering Assistant-IV (F & S) in the

O.B.C. category (for short the said vacancy) by the Indian Oil Corporation Limited (IOCL)/ has been subverted. By filling up the vacancies one after

another the IOCL/Alleged Contemnor has frustrated the procedure recognised both by the Hon’ble Division Bench and by this Court.

Mr. Basu, learned Counsel appearing in support of the Contempt Application, further relies on pleadings at Paragraphs- 4, 5 and 6 of the Affidavit

used by the alleged contemnor to the Contempt Application which, read as follows:-

“4. Subsequent thereto the said person was added as party respondent to the present application and since the petitioner apprehending that the said

post of which he had applied would be filled in by another candidate, CAN 9987 of 2016 was filed in the Hon’ble High Court at Calcutta for

obtaining interim order.

The said application was taken up by the Hon’ble Justice Subrata Talukdar on December 2, 2016 when it was openly stated by the learned

counsel appearing for the Indian Oil Corporation that pursuant to an advertisement dated May 14, 2016 a Junior Engineering Assistant-IV (F & S) had

been appointed by the name of Santanu Seth by appointment letter dated September 27, 2016. The said letter and the advertisement was also

brought to the notice of the Hon’ble Justice Subrata Talukdar. However neither the said advertisement nor the appointment letter had been

handed over to the petitioner’s learned advocate. However since the said fact was recorded in the order dated December 2, 2016 it is clear

that the respondent authority has clearly acted in a manner which has impeded in the way of administration of justice by this Hon’ble Court as

such steps have been taken by the authority concerned in full knowledge that the present writ petition is pending for the final hearing after filing of

affidavits and the action has been taken by the Indian Oil Corporation to subvert the decision-making process of this Hon’ble Court and the said

illegal action is not only contemptuous but is also illegal and not befitting an statutory authority. A photocopy of the said order is annexed herewith and

marked with the letter ‘p-3’.

In the circumstances as aforesaid the Indian Oil Corporation authorities and more specifically the contemnor is responsible for holding the justice

administration system at ransom and in full knowledge with due deliberation and active participation, has appointed another person in the post of Junior

Engineering Assistant-IV, F & S. The said act is contemptuous and is also punishable as per the provisions of the Contempt of Court’s Act, 1971

and the contemnor is liable to be imprisoned.

Mr. Basu submits that inspite of the clear direction of the Court vide its pronouncement dated 7th April, 2015 read with the order dated 2nd

December, 2016 in CAN 9987 of 2016, which was an application connected to the present writ petition, the alleged Contemnor has been steadily filling

up and, thus eating into the vacancies. In the event the said vacancy are filled up the petitioner shall be rendered not only remediless but, the act of

filling up the said vacancy constitutes a deliberate violation of due process as stipulated by the order of the Hon’ble Division Bench and the

order of this Court in CAN 9987 of 2016 which enjoins upon the alleged Contemnor/IOCL to keep the said vacancy open till the ultimate conclusion

of the writ petition.

Appearing for the alleged contemnor, Mr. Chaudhuri, learned Senior Counsel, submits that a civil contempt as defined in Section 2(b) of the Contempt

of Courts Act, 1971 will arise out of wilful disobedience to any judgement and order of the Court. Mr. Choudhuri submits that there is woeful lack of

material on the face of the record to demonstrate that there has been any wilful violation of the order of the Courts. Mr. Choudhuri submits that it is

the specific stand of the Respondent/IOCL, as directed by the order dated 2nd December, 2016 in CAN 9987 of 2016, to keep one post vacant till the

ultimate disposal of the writ petition. Having heard the parties and considering the materials placed, this Court must notice the averment at Paragraph-

10 of the Reply-Affidavit filed to the Contempt Application by the alleged Contemnor.

“ Para.10. I say that in respect of vacancies as Advertised for different posts vide Advertisement No. PH/R/01/2017 dated 29/04/2017 including

vacancies in Jr. Engg. Assistant IV, (Fire and Safety), the Corporation has duly notified in the said Advertisement, stating that one OBC vacancy in

Fire Safety will be kept vacant in terms of Hon’ble Court’s order dated 2/12/2016 in CAN 9987 of 2016 arising out of W.P. No.10104(W) of

2014.â€​

While noticing Paragraph 10 (supra), this Court must also notice the direction dated 2nd December, 2016 in CAN 9987 of 2016, the relevant portion

where of reads as follows:-

“ In the backdrop of the above discussion, this Court is strongly persuaded to direct the respondents/IOCL to keep one post in the OBC category

of Junior Engineering Assistant-IV (F & S) vacant until further orders. In the event any individual is already appointed to this post pursuant to the

advertisement dated 20the October, 2012, appointment to such post shall be conditional upon the final result of this writ petition.â€​

Therefore, on a conjoint consideration of the stand taken by the alleged Contemnor/IOCL at Paragraph 10 (supra) read with the supporting

argument of Mr. Chaudhuri (supra) in the light of the direction of this Court dated 2nd December, 2016 in CAN 9987 of 2016, this Court is of the

considered view this Contempt proceeding need not be further detained. The Contempt proceeding stands thus dropped. CPAN 1806 of 2016 stands

accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary

formalities.