Kusum Rawat vs Bhupendra Kaur

Manoj Kumar Tiwari, J

Writ Petition filed by the petitioner was disposed of by Writ Court vide order dated 09.04.2019 with a direction to Principal Secretary, Irrigation Department to re-consider petitioner's claim for appointment.

Alleging willful disobedience of the said order, this contempt petition has been filed.

A compliance affidavit has been filed by the respondent, enclosing therewith an order passed on 01.10.2019. Perusal of said order indicates that petitioner's claim for appointment was re-considered and rejected on certain grounds.

Learned counsel for the petitioner submits that the order of rejection is unsustainable, as the Authority concerned has rejected petitioner's claim on those grounds, which were dealt with by Writ Court. Therefore, according to him, it amounts to willful disobedience of the order.

Since the only direction was to re-consider petitioner's claim and there was no positive direction to give appointment to the petitioner, therefore, in the humble opinion of this Court, substantial compliance of the order passed by Writ Court has been made. Thus, it cannot be said to be a case of willful disobedience.

In such view of the matter, the contempt petition is closed. Contempt notice issued to the respondent is hereby discharged. However, petitioner shall be at liberty to challenge the rejection order before the appropriate forum.