C.K. Ashvathi vs Arvind Vadnerkar & Others

P. Madhavan, Member J

This is a petition filed by the applicant in OA No. 180/296/2020 alleging criminal contempt on the part of the respondents in not considering her promotion even though this Bench has directed the respondents to consider the promotion, if she is eligible at any rate within a period of six months from the date of receipt of a copy of the order. She has produced the copy of the order as Annexure CP-1.

Even though more than six months is over the respondents had not cared to give even a consideration for promotion and therefore, they are liable for criminal contempt. There is no appeal pending against the order of the Tribunal in OA No. 180/296/2020. The non-compliance of the order of the Tribunal is deliberate disobedience whereby the respondents herein had committed contempt. The petitioner in this case had given a representation on 18.2.2021 as Annexure CP-3 for considering her case in the DPC. According to the petitioner, her case could not be taken up in the DPC held in May, 2018 as there was a punishment imposed upon her during that period.

The official respondents Nos. 2 & 3 entered appearance and filed a detailed affidavit regarding the non-compliance of the order. According to them they have considered the representation of the applicant dated 6.7.2020 and the respondents had passed an order stating that her promotion cannot be considered for the time being as the convening of DPC had been delayed due to the order of the Chandigarh Bench of the Tribunal in OA No. 750 of 2018 dated 25.2.2020 barring all further promotions till a policy decision is taken regarding the implementation of reservation in promotion in tune with the various orders of the Hon'ble Supreme Court. The respondents had taken up the matter before the Hon'ble Supreme Court as SLP No. 639 of 2021 and the same is still pending. Hence, it was informed to the applicant that her case would be considered as and when next DPC is called. A copy of the said letter is produced as Annexure R3(1).

Now the only point to be considered is whether there is a deliberate disobedience of the order of the Tribunal which is produced as Annexure CP-1. On a perusal of the reply affidavit filed by the respondents it appears that there are disputes regarding the reservation in promotion implementation by the Bharat Sanchar Nigam Limited and the coordinate Bench of the Tribunal at Chandigarh passed an order not to implement the promotions till a policy decision is taken in OA No. 750 of 2018. The respondents had taken up the matter before the Hon'ble Supreme Court as per SLP No. 639 of 2021 and connected matters. It appears that the said SLP is pending before the Hon'ble Supreme Court and it will be highly inappropriate to proceed against the respondents for criminal contempt as alleged by the petitioner herein. We find that the law will be settled only when the SLP is disposed of by the Hon'ble Supreme Court. So there is no criminal contempt at this stage. The respondents have satisfactorily explained the reasons for not considering the case and not convening the DPC.

We do not find any deliberate contempt to disobey the order. Hence, there is no merit in the contempt petition and it is liable to be dismissed. Accordingly, the Contempt Petition is dismissed.

Notices issued, if any, will be discharged.