Pradeep Singh And Others vs Brijesh Kumar Sant

Ravindra Maithani, J

The petitioner has brought to the notice of the Court that order dated 15.02.2022, passed in Writ Petition (S/S) No.254 of 2022, Pradeep Singh and others vs. State of Uttarakhand and others (for short, “the petition”), has been willfully disobeyed by the respondent.

The order dated 15.02.2022, passed in the petitioner inter alia directs as follows:-

“Considering the peculiar facts and circumstances of the case, in case, if at all, the respondents undertake any promotional exercise from the post of Stenographer to the post of Supply Inspector, they may proceed to undertake the promotional exercise, but the petitioners’ candidature too would be considered. However, the petitioners’ result would be kept in a sealed envelope and the result would be declared only to the extent of 2% posts provided by the Rules of 2018, according to the merit, as contemplated under the Rules of 2018. The participation and result of the petitioners would be exclusively provisional in nature and that would abide by the decision of the Writ Petition.”

Learned counsel for the contempt petitioner would submit that all the vacancies have been filled up by the respondent.

The Court wanted to know from the learned counsel for the petitioner, as to which direction has been willfully disobeyed because the order dated 15.02.2022, passed in the petition did not direct the respondent to keep vacancy or vacancies vacant?

Learned counsel for the contempt petitioner would submit that since all the posts have been filled up; the purpose of keeping the result of the petitioner in a sealed cover would have no effect.

In a contempt petition, this Court cannot read the effect of the order of which disobedience is brought to the notice of the Court. What is essentially to be seen, as to whether the order has been disobeyed or not. In the instant case, it has not been done. The Court did not direct the respondent to keep any post vacant; therefore, there is no question of going further in this contempt petition. Prima facie, it is not a case of willful disobedience. Accordingly, the contempt petition deserves to be dismissed at the stage of admission itself.

The contempt petition is dismissed in limine.