Col. R.C.Dhulia vs Brig. T.S.Mundi

Sandeep Sharma, J

By way of present Contempt Petition filed under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having willfully, intentionally and deliberately disobeyed the orders dated 17.2.2020 and 24.2.2020, passed by this Court in CWP No.756 of 2020, titled as Col. R.C.Dhulia (Retd) versus Union of India and others.

Precisely, the facts of the case as emerge from the record are that the petitioner, who is an ex­Army Officer, was appointed as Officer­In­Charge, polyclinic, Sarkaghat on contract basis for a period of one year, but since his services were ordered to be terminated prior to completion of contract period, he approached this Court by way of CWP No.756 of 2020.

Having taken note of the fact that the post of Officer­In­Charge, polyclinic, Sarkaghat against which the petitioner was appointed on contract basis for a period of one year was going to be filled up on contract basis, this Court vide order dated 17.2.2020 stayed the termination order of the petitioner till 24.2.2020. Subsequently vide order dated 24.2.2020, this Court ordered that interim order dated 17.2.2020 shall remain in force till further orders. At this juncture, grouse of the petitioner is that though pursuant to stay order granted by this Court, he has been allowed to continue to work as Officer­In­Charge, but he has not been paid salary for the month of February, March and April, 2020.

Mr. Lovneesh Kanwar, learned counsel representing the petitioner fairly states that salary qua the period prior to February, 2020 stands duly remitted in the bank account of the petitioner, but still sum of Rs. 74,858/­ is payable on account of the services rendered by the petitioner in the month of February, March and April, 2020.

Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India while waiving notice on behalf of the respondent/contemnor through video conferencing, fairly states that in case the petitioner has worked for the months of February, March and April, 2020, he shall be paid due and admissible salary.

Consequently, in view of the fair stand adopted by learned counsel representing the respondent/contemnor, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondent/contemnor to pay the salary to the petitioner, if not already paid for the period of February, March and April, 2020 expeditiously, preferably on or before 15th June, 2020 failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken against the erring officials. Notices issued to the respondents are hereby discharged accordingly.