Manipur High Court
Dr. Mohal Lal Sharma vs Sukhdeep Sangwan on 6 June, 2022
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cont.Cas(C) No. 70 of 2021
Dr. Mohal Lal Sharma, aged about 45 years old, S/O (L)
Babul al Sharma, Chief Medical Officer, 9th Assam Rifles,
Changlang (Arunachal Pradesh) C/O 99 APO-932009.
....Petitioner
-Versus-
1. Sukhdeep Sangwan, Lt. Gen. (Retired), ABSM, SM,
Former Director General Assam Rifles, C/O 99 APO,
Shillong.
2. DIG (Dr.) A.K. Mukhopdhyay, Director (Medical) H.Q.
DGAR, Shillong.
3. Comdt. (Dr.) C I Birader, Former SO (Health) HQ
DGAR, Shilong, now posted at ARCH, Sukhovi,
Nagaland.
4. Lt. Col. Rajeev Singh, Additional Military Secretary,
HQ DGAR, Shillong, C/O 99 APO, Shillong.
....Respondents
BEFORE
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
For the petitioner : HS. Paonam, Sr. Adv.
For the respondents : Y. Nirmolchand, Sr. Adv.
Date of hearing : 01.06.2022
Date of Judgment&
Order : 06.06.2022
JUDGMENT AND ORDER (CAV)
By this contempt petition, the petitioner is alleging
willful and deliberate disobedience of the Order dated
22.10.2019 passed in WP(C) No. 329 of 2019 by the
respondents.
[2] The Order dated 22.10.2019 passed in WP(C)
No. 329 of 2019 reads as under:
" Heard Mr. HS. Paonam, learned senior
counsel for the petitioner. Also heard Mr. Samarjit,
learned CGC appearing on behalf of the
respondents.
By order dated 29.08.2019, this Court, after
hearing the parties had directed the
respondents/authorities to permit/allow the
petitioner to appear in the Second Counseling
which was scheduled to be held on 31.08.2019 to
02.09.2019 and, thereafter, permit the petitioner
to take admission provisionally which was
however subjected to the outcome of the writ
petition.
Learned counsel for the petitioner submits
that in compliance of order dated 29.08.2019,
petitioner was allowed to appear in the Second
Counseling where he was successful and
thereafter permitted to take admission in Dr.
RPGMC, Tanda, Distt., Kangra, Himachal
Pradesh. Therafter, on the request of the
petitioner, he has been reallocated to Sir
Gangaram Hospital, Rajendra Nagar, new Delhi
by communication dated 16.10.2019 issued by
the Assistant Director (Registration &
Counseling), National Board of Counseling.
It is however submitted that as the
respondents are not releasing the petitioner to join
to the said Sir Gangaram Hospital, New Delhi, he
made an application on 18.10.2019 for allowing
him to join the DNBSS( Neurology) course at the
freshly allotted medical institute by the National
Board of Examination. However, as the
respondents are not releasing the petitioner, an
interim order may be passed by this Court. It is
also submitted that the last date for joining the Sir
Gangaram Hospital, New Delhi is 23.10.2019.
After hearing the learned counsel for the
parties and on consideration of the
materials/documents submitted before this Court
today, the respondents are directed to
release/permit the petitioner to enable him to join
the said Sir Gangaram Hospital, New Delhi, which
shall however be subject to the outcome of the
writ petition.
The direction of this Court shall be
communicated to the counsel appearing for the
parties during the course of the day.
List the matter on 13.11.2019 as part heard
for final disposal."
[3] Heard Mr. HS. Paonam, learned senior counsel
for the petitioner as well as Mr. Y. Nirmolchand, learned
senior counsel appearing on behalf of all the respondents.
[4] WP(C) No. 329 of 2019 was disposed of by
Judgment and Order dated 31.08.2021 with the following
directions:
"[29]. On a consideration of the facts and
circumstances of the case as well as the materials
available on record, the respondents are hereby
directed to consider the case of the petitioner for
availing EOL under Rule 32 (1)(b) of the CCS Leave
Rule, 1972 within a period one month from today by
taking into consideration the observations made by
this Court in the foregoing paragraphs and thereafter,
pass an appropriate order. If the petitioner is found to
be eligible for granting EOL under Rule 32 (1)(b) of
the CCS Leave Rules, 1972 the same shall be
granted to him and thereafter permit him to join Sir
Ganga Ram Hospital, New Delhi. Till the
consideration is made as directed herein above, the
message dated 14th June 2021 posting the petitioner
to the 9th Assam Rifles, Changlang, Arunachal
Pradesh and the Movement Order shall remain
suspended.
[30] With the above observations and
directions, writ petition stands disposed of."
[5] Thereafter, in compliance of the Judgment and
Order dated 31.08.2021 passed by this Court in WP(C) No.
329 of 2019, the respondents passed an Order dated
17.09.2021 rejecting the request of the petitioner for grant
of extraordinary leave for pursuing the Super Specialty in
Neurology.
[6] Despite the interim order passed by this Court on
22.10.2019 in WP(C) No. 329 of 2019, the fact remains that
the main writ petition, namely, WP(C) No. 329 of 2019 was
disposed of by Judgment and Order dated 31.08.2021 on
merits. Therefore, when a final order is passed, all other
interim orders passed by this Court would stand merged
into the final order and the interim orders would cease to
exist. The Hon'ble Supreme Court in the case of Prem
Chandra Agarwal & Anr. -vs.- Uttar Pradesh Financial
Corporation & Ors. reported in (2009) 11 SCC 479 has
made the following observations:
"3. It is a well-settled principle that once a
final order is passed, all the earlier interim orders
merge into the final order, and the interim orders
cease to exist. In this appeal, since the final order
has been passed by the High Court, obviously all
the interim orders passed by the High Court in the
same writ petition cease to exist automatically.
Consequently, any direction given in the interim
order dated 24.04.2008 also ceases to exist. In
view of the final order passed by the High Court,
the impugned interim order and any direction
therein have ceased to exist. The appeal has
become infructuous and is, accordingly,
dismissed."
[7] In the facts and circumstances of the case, as the
main writ petition has already been disposed of despite
several interim orders being passed in the said writ petition,
the interim orders would stand merged with the final order
and the said interim orders cease to exist after the final
order is passed. Further, the respondents have already
complied with the directions passed in the Judgment and
Order dated 31.08.2021 passed in WP(C) No. 329 of 2019
by issuing the Order dated 17.09.2021. Therefore, without
going into all the submissions and counter submissions
made by the learned counsel for the parties, this Court is of
the considered opinion that the basis for the present
contempt petition does not exist and accordingly, this
contempt petition is dismissed.
[8] However, liberty is granted to the petitioner to
challenge the Order dated 17.09.2021 before the
appropriate forum, if so advised.
JUDGE
joshua
Digitally signed by
KH. JOSHUA KH. JOSHUA MARING
MARING Date: 2022.06.07
23:40:37 +05'30'
