Ex.Hav. Madan Lal vs LT. Col. Parshotam Singh

Vivek Singh Thakur, J

Respondent present in person has submitted that due to misinterpretation and misconstruction of the interim order passed by the Court, petitioner was relieved on attaining the age of superannuation and there was no deliberate or intentional disobedience of the order passed by the Court and, now, petitioner has been re-engaged for existence of interim order in his favour and, therefore, with unconditional, unqualified and sincere apology, prayer has been made to close present contempt proceedings.

Learned Central Government Counsel has also filed reply on behalf of the respondent supported by an affidavit placing aforesaid version of the respondent on record.

Plea taken by the respondent appears to be genuine and bonafide.

At this stage, learned counsel for the petitioner, has submitted that petitioner is also entitled for remuneration for the period for which he was disengaged.

Main petition bearing CWP No.744 of 2020 is pending adjudication. Petitioner is at liberty to raise this issue in the said writ petition and justify his entitlement and in case he is found to be entitled for wages for the period during which he was disengaged, such relief may be granted to him in the main writ petition.

Considering apology tendered and compliance of the order passed by the Court, present petition is closed and disposed of, with liberty to the petitioner to raise the issue of wages in the main writ petition. Respondent is also at liberty to avail appropriate remedy in case Department is still aggrieved by any interim order passed by the Court.

Pending application(s), if any, also stand disposed of.