Delhi High Court
P.C. Meena vs North Dmc And Ors. on 6 May, 2016
Author: Sanjiv Khanna
$~19.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION (CIVIL) NO. 3933/2016
Date of decision: 6th May, 2016
P.C. MEENA ..... Petitioner
Through Mr. M.K. Bhardwaj, Advocate.
versus
NORTH DMC AND ORS. ..... Respondents
Through Ms. Biji Rajesh, Advocate for Mr.
Gaurang Kanth, Advocate for North DMC.
Mr. Arvind Kumr Sharma, Standing Counsel for
EDMC.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J. (ORAL):
The petitioner impugns order dated 25th April, 2016 of the Principal
Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for
short) dismissing the contempt petition. This was the third contempt
petition filed by the petitioner for alleged non-compliance and wilful
violation of order dated 1st July, 2014 passed in OA No. 3551/2010.
2. The impugned order highlights repeated filing of contempt petitions
and issue raised was raised earlier by way of contempt petitions. The
contempt petition has been rejected on the ground that the same issue
should not be permitted to be raised twice.
3. The petitioner has drawn our attention to order dated 12 th March,
W.P. (C) No. 3933/2016 Page 1 of 5
2015 passed in the first contempt petition CP No. 618/2014. This order
notices that the petitioner was granted three reliefs in the order dated 1st
July, 2014. For the present, we are not referring to the first two reliefs
because it is not disputed that the said directions have been complied with.
The third relief pertained to ad hoc promotion to the post of Chief
Engineer. Regarding the third direction, the Tribunal in their earlier order
dated 12th March, 2015 passed in CP No. 618/2014 had held as under:-
"5. In so far as, the third direction of the Tribunal is
concerned, it was submitted by the learned counsel
for the respondents that, in the meanwhile, in its order
in WPC 5356/2014 K C Meena V/s North DMC &
Ors., the Hon'ble Delhi High Court has been pleased
to pass an order dated 19.12.2014, in which the
directions were issued as follows:-
"(3) After compliance with (1) and (2)
above, the process shall be complied in
respect of Chief Engineer (Civil) likewise
in six months from today.
(4) The relevant dossiers containing the
names of all the eligible Officers who fulfil
the criteria in terms of the prevailing rules
and Circulars, and are eligible to be
considered, shall be forwarded to the UPSC
with all particulars in the case of each cadre
of Executive Engineer (Civil),
Superintendant Engineer (Civil) and
likewise Chief Engineer to facilitate the
process.
(5) In case of any pending litigation, all
litigations involving the process of
selection, unless there are orders to the
contrary, the concerned Corporation, as far
as possible, proceed with the process of
W.P. (C) No. 3933/2016 Page 2 of 5
promotion and make it subject to the
outcome of the said litigation.
It is clarified that this condition shall not be,
in any manner, considered as a bar from
proceeding in any matter on a Court from
interpreting such direction as to mean that
this has resulted in a stay or it prevents it
from making an interim order."
6. The learned counsel of both the sides concede that
when the DPC would now be held for the post of
Chief Engineer, pursuant to the directions of Hon'ble
High Court of Delhi dated 19.12.2014 in the matter of
K C Meena V/s UOI & Ors. in WP ( C ) No.
5356/2014, the case of the contempt petitioner before
us, Sh. P C Meena, would also be under the zone of
consideration. Learned counsel for the respondents
undertakes that the respondents will convene a DPC
soon, as per the Hon'ble High Court's directions, and
the third direction of this Tribunal, in a time bound
manner, as per the time frame specified by the
Hon'ble High Court of Delhi"
4. A reading of the aforesaid paragraphs illustrates that after passing of
the order dated 1st July, 2014 in the case of the petitioner in OA No.
3551/2010, there were further developments in form of an order dated 19th
December, 2014 passed by the Delhi High Court in Writ Petition (C) No.
5356/2014, K.C. Meena versus North DMC and Others. This order and
the directions given therein were quoted in the order of the Tribunal dated
12th March, 2015. The Delhi High Court had given specific directions for
preparation of dossiers, etc. for holding of DPC for appointment to the post
of the Chief Engineer (Civil). The Tribunal had observed that the
observations or direction given in the order dated 1 st July, 2014 in OA No.
W.P. (C) No. 3933/2016 Page 3 of 5
3551/2010 would now have to be read in light of the directions of the High
Court in the order dated 19th December, 2014 passed in W.P. (C) No.
5356/2014, K.C. Meena versus Union of India and others. It is obvious
that the subsequent directions in the order dated 19 th December, 2014 have
to be implemented and adhered to as is clear from the observations and
findings recorded in paragraph 6. Pertinently, the petitioner had
understood the implication and impact of the order dated 19th December,
2014 as is apparent from the concession recorded by the Tribunal in their
order dated 12th March, 2015, while disposing of the first contempt
petition. In these circumstances, we do not think the petitioner is entitled
to fall back on order dated 1st July, 2014 and the Tribunal was justified in
dismissing the present contempt petition.
5. Learned counsel for the petitioner has pointed out that the case of the
petitioner for regular promotion to the post of Superintending Engineer
(Civil) was considered by the Departmental Promotion Committee on 17th
December, 2015 and sealed cover procedure was adopted. It is accepted
that the petitioner was facing criminal prosecution in a case filed by the
CBI, which was decided by a judgment of acquittal dated 22nd December,
2015. The petitioner has already filed OA No. 67/2016 before the
Tribunal, which is now listed on 12th August, 2016, where the prayer made
is that the sealed cover should be opened.
6. The petitioner submits that the order of the Delhi High Court dated
W.P. (C) No. 3933/2016 Page 4 of 5
19th December, 2014 passed in Writ Petition (C) No. 5356/2014, K.C.
Meena versus North DMC & Others is being violated for ad hoc
promotions are being made to the post of Chief Engineer (Civil). This is a
separate matter for which the petitioner may have to invoke and take
separate proceedings. We express no opinion on this aspect in this order.
7. In view of the aforesaid discussion, we do not find any merit in the
present writ petition and the same is dismissed.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
MAY 06, 2016
VKR
