Ramkumar Singh vs Gopal Swaroop Bhardwaj

Manoj Kumar Tiwari, J

Feeling aggrieved by termination of his service, petitioner filed WPSS No. 83 of 2016. The said writ petition was allowed by Writ Court vide order

dated 28.03.2017 and the termination order passed in respect of the petitioner was quashed and respondents were directed to re-instate the petitioner

with all consequential benefits within six weeks, however, liberty was given to the respondents to proceed with the matter, in accordance with law.

Alleging disobedience of the said judgment, petitioner has filed this Contempt Petition.

Learned Standing Counsel has produced in Court today the judgment dated 13.02.2019 rendered by Division Bench of this Court in Special Appeal

No.385 of 2017. He submits that the judgment rendered by Writ Court in favour of the petitioner was set aside and the matter was remanded back to

the Writ Court. He further submits that, upon remand of the matter to the Writ Court, petitioner’s writ petition was disposed of in terms of the

judgment rendered in Special Appeal No. 543 of 2017.

Perusal of the judgment rendered in Special Appeal No. 543 of 2017 reveals that it was disposed of with a direction to the Competent Authority to

complete departmental inquiry within four months from the date of production of certified copy of the order. Learned Standing Counsel has apprised

the Court that, in terms of the direction issued in Special Appeal No. 543 of 2017, departmental proceedings were initiated against the petitioner,

however, due to non-cooperation by the petitioner, inquiry could not be concluded so far. Learned Standing Counsel has produced in Court today, a

letter dated 31.08.2020 issued by District Education Officer, Elementary Education, Nainital to the petitioner, whereby petitioner was asked to extend

cooperation in terms of the order passed by Division Bench of this Court.

Since the order passed by Writ Court was set aside by Division Bench of this Court in Special Appeal and disciplinary proceeding initiated against

the petitioner are also nearing completion, however, due to non-cooperation, the inquiry proceedings could not have been concluded so far.

In such view of the matter, this Court is of the considered opinion that this is not a case of willful disobedience of the order passed by this Court.

Accordingly, the Contempt Petition is closed.

Contempt notices issued to the respondents are hereby discharged.