Delhi High Court
Manish Pushkale vs N.K Sinha & Anr on 4 July, 2017
$~5
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 436/2017
% Date of decision : 4th July, 2017
MANISH PUSHKALE ..... Petitioner
Through: Mr. Samrindra Kumar and
Ms. Baby Malik, Advs.
versus
N.K SINHA & ANR ..... Respondent
Through: Mr. Rajesh Gogna, CGSC
with Mr. Satya Ranjan
Swain, GP for R-1
Mr. Umesh Sharma, Adv.
for R-2
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This contempt petition complains that the directions made in
the order dated 10th April, 2017 passed in W.P.(C) 3106/2016 have
not been complied with. We extract hereunder the relevant portion
of the said order :
"21. Union of India, Ministry of Culture as well
as Lalit Kala Akademi shall file detailed counter
affidavits explaining as to how the appointment of
Dr.Sudhakar Sharma can be justified and further
explaining the delay in concluding the
disciplinary proceedings initiated against
Dr.Sudhakar Sharma.
22. Notice be also issued to Dr.Sudhakar Sharma
in both the writ petitions returnable in four weeks.
23. We direct that the Union of India, Ministry of
Culture and Lalit Kala Akademi shall not allow
Dr.Sudhakar Sharma to interfere with the
administration of Lalit Kala Akademi in any
manner whatsoever pending the inquiry against
him. We also direct that a full-time Administrator
shall be appointed within two weeks from today to
take control of the administrative affairs of the
Akademi."
2. The respondent no.3 has filed a status report dated 22nd
April, 2017 inter alia placing before us the following :
"8. That the Ministry of Culture is committed
to comply with the order(s)/direction(s) of this
Hon'ble Court in letter and spirit and is informing
this Hon'ble Court the steps taken by the Ministry
of Culture in the last 5 months in respect of Dr.
Sudhakar Sharma.
(i) Dr. Sudhakar Sharma was suspended on
9th Janaury, 2017 by the Ministry of Culture.
(ii) The Central Vigilance Commission
directed the Ministry of Culture in January, 2017
to issue a major penalty Charge Sheet afresh to
Dr. Sudhakar Sharma.
(iii) The Charge Sheet and Memorandum of
Charges were issued to Dr. Sudhakar Sharma on
5th April, 2017.
(iv) Dr. Sudhakar Sharma's suspension was
extended by another 180 days w.e.f. 08.04.2017
till 8th October, 2017.
(v) All irregular decisions/orders taken by
Dr. Sudhakar Sharma in the last nine months
have since been directed by Ministry of Culture to
be revoked and stand cancelled.
(vi) The entire case of Dr. Sudhakar Sharma
has also been referred to the CBI for a thorough
investigation in the month of March, 2017.
The documents substantiating the statements
made above are annexed herein as Annexure R3-
A(Colly).
9. That the above six actions have been
taken by the Ministry of Culture against Dr.
Sudhakar Sahrma to prevent any further
interference by Dr. Sudhakar Sharma in the
affairs of Lalit Kala Akademi.
10. That in respect of the appointment of full
time Administrator, it is submitted that the
Ministry of Culture has already appointed Shri
C.S. Krishna Setty as full time Administrator of
Lalit Kala Akademi vide order dated 10.10.2016.
Copy of the order dated 10.10.2016 is annexed
herein as Annexure R3-B.
11. That Shri C.S. Krishna Setty has replaced
Shri P.L. Sahu, Joint Secretary in the Ministry of
Culture, who was holding the additional charge of
Administrator of Lalit Kala Akademi on
temporary basis earlier. (Reference - para 13 of
the order)."
3. The petitioner complains that the respondents have not
reversed all the actions taken by Dr. Sudhakar Sharma, whose
appointment was found to be illegal and that therefore, the
respondents are in contempt of the order dated 10th April, 2017.
4. Mr. Samrender Kumar, learned counsel for the petitioner
submits that para 16 of the order points out the illegal actions taken
by Dr. Sudhakar Sharma which have not been reversed by the
respondents and therefore, they are in contempt of the orders
passed by the court. Para 16 of the order dated 10 th April, 2017
only enumerates the acts of Dr. Sudhakar Sharma which were
placed by the petitioner before the court. It does not make any
direction to the respondents.
5. In view of the above, we are unable to hold that the
respondents are in contempt of the orders dated 10th April, 2017.
6. This petition is devoid of merit and is dismissed. Contempt
notices are hereby discharged.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JULY 04, 2017/kr
