Shoorveer Bohra vs Shri U.K. Mishra

Mohammad Rafiq, J.—This contempt petition has been filed by Petitioner Shoorveer Bohra alleging that Respondents have violated order passed by this Court dated 22.07.2009, which reads thus - "In the meanwhile, merit shall not be operated till 31.07.2009."

Learned Counsel for Petitioner has argued that since this order was subsequently confirmed on 25.11.2009, therefore, intention of the court was that even if any promotion has been made prior to passing of aforesaid order on 22.07.2009, the Respondents should have recalled their promotion orders and should not have given them posting at different places.

It appears from perusal of order dated 11.04.2008 passed in same writ petition along-with two other writ petitions that this Court by detailed order laid down certain guidelines to be followed by Respondents for preparation of merit list and permitted Respondents to go with process of promotion. However, it was specifically directed that such promotions would be subject to final out come of the writ petition.

In view of aforesaid specific order passed by this Court dated 11.04.2008 if the Respondents proceed to make promotions and give posting to the promoters, their action cannot be construed even remotely contempt of order passed by this Court dated 22.07.2009. It is settled that contempt cannot be matter of inference or interpretation. In present case no specific action has been taken by Respondents after order was passed by this Court on 22.07.2009 on the basis of merit list in question.

Contempt petition is therefore dismissed.