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Judgment
18 paragraphs · 350 wordsAjay Mohan Goel, J
The grievance raised by way of these contempt proceedings by the petitioner is purported non-compliance of the interim orders passed in CWP
No.422 of 2020, filed by the present petitioner, dated 22.01.2020, vide which Hon’ble Vacation Judge was pleased to stay the operation of
Annexure P-1 and P-2, i.e. the orders vide which the services of the petitioner were terminated post a disciplinary inquiry and thereafter, his statutory
appeal stood dismissed.
Learned Senior Counsel appearing for the petitioner submits that despite there being a stay of said order by this Court, the respondent has willfully
disobeyed the Court order by not permitting the petitioner to join his duties.
Learned Advocate General, on instructions, submits that there is no willful disobedience of the orders passed by the Court because a natural
consequence and corollary of the interim orders passed by this Court was that the petitioner was to report and join the office at Kaza, District Lahaul
& Spiti, H.P., from where his services were terminated, which he did not do. This is disputed by learned Senior Counsel appearing for the petitioner.
Be that as it may, as probably it appears that there is no dispute with regard to the petitioner being permitted to join the duties subject to the final
outcome of the writ petition, these contempt proceedings are ordered to be dropped, with the direction that the petitioner shall forthwith submit his
joining report at Kaza, District Lahaul & Spiti, H.P., within a period of ten days from today and the same but obvious will be subject to the final
decision of the writ petition.
At this stage, learned Counsel Senior Counsel appearing for the petitioner submits that the petitioner has to be paid the salary for the period, for
which he has not been permitted to join the duties, which is not disputed by the State.
Be that as it may, this issue will also be taken into consideration and be decided at the time of final hearing of CWP No.422 of 2020.
Notice stands discharged. Copy dasti.