Thara vs Nithin Agarwal
2023 Latest Caselaw 12775 Ker

Kerala High Court

Thara vs Nithin Agarwal on 8 December, 2023

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
       THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                      &
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 8TH DAY OF DECEMBER 2023/17TH AGRAHAYANA, 1945
                      CON.CASE(C).NO.2123 OF 2023
  AGAINST THE JUDGMENT DATED 23.11.2022 IN W.A.NO.1672/2022 OF HIGH COURT OF
                                    KERALA

PETITIONER/RESPONDENT/PETITIONER:

           THARA
           AGED 48 YEARS
           W/O. LATE BAIJU, PALATHARAYIL, UMBERNADU,
           THEKKEKKARA VILLAGE, MAVELIKKARA, ALAPUZHA,
           KERALA, PIN - 690101

            BY ADV.SRI.ARUN BABU


RESPONDENT/2ND APPELLANT/RESPONDENT NO.2:

           NITHIN AGARWAL
           AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
           DIRECTOR GENERAL, BORDER SECURITY FORCE BLOCK NO.1,
           CGO COMPLEX. LODHI ROAD, NEWDELHI, PIN - 110003

            BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA

         THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
   ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY
   DELIVERED THE FOLLOWING:
 Cont. Case (C).NO.2123/2023      :: 2 ::




                              JUDGMENT

Dr. A.K. Jayasankaran Nambiar, J.

In view of the statement dated 04.11.2023, which indicates that

the petitioner was subjected to a physical test for the post of Constable

(GD/Mahila) in BSF under the compassionate appointment, the

directions in the impugned judgment dated 23.11.2022 in W.A.No.1672

of 2022 are seen complied. The Contempt of Court Case is therefore

closed, without prejudice to the right of the petitioner to impugn the

order of the respondent in appropriate proceedings, if so advised.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P. JUDGE prp/8/12/23 Cont. Case (C).NO.2123/2023 :: 3 ::

APPENDIX OF CON.CASE(C).NO.2123/2023

PETITIONER'S ANNEXURES:

Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT DATED 23-11-2022 IN W.A NO. 1672 OF 2022 OF THIS HONOURABLE COURT

AnnexureA 2 THE TRUE COPY OF THE LETTER DATED 28/11/2022 ISSUED BY COMMANDANT, 3RD BATTALION ,BSF

AnnexureA 3 THE TRUE COPY THE TRUE COPY OF THE LETTER DATED 10/1/2023 ISSUED BY COMMANDANT, 3RD BATTALION ,BSF

AnnexureA 4 THE TRUE COPY OF THE LETTER DATED 22/01/2023 WRITTEN BY THE PETITIONER TO THE RESPONDENT

RESPONDENT ANNEXURES:

Annexure R1(a) A TRUE COPY OF BOARD PROCEEDINGS DATED 25.10.2023.

//TRUE COPY//

P.S. TO JUDGE