CLCON/462/2017
2021 Latest Caselaw 1347 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 6TH DAY OF APRIL, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION No. 462 of 2017
BETWEEN:

Shiv Kumar & another                      ...Petitioners
     (None present for the petitioners)

AND:

R.K. Kunwar                               ...Respondent

     (Mr. Pradeep Hariya, learned Standing Counsel
     for respondent)

                      JUDGMENT

This contempt petition has been filed for enforcing the judgment dated 11.04.2017 passed in WPSS No. 572 of 2017. The operative portion of the said judgment reads as under:-

"It has come on record that the persons who were lower in the merit vis-àvis petitioners have been allocated stations of their choice. The respondents should have considered the merit at the time of allocating the districts. It has also come on record that the principle of reservation was not followed at the time of allocation of districts. Accordingly, the writ petition is allowed. The respondents are directed to allocate District Haridwar to the petitioners within a period of six weeks from today. Pending application, if any, stands disposed of accordingly."

2. Learned Standing Counsel has produced in Court the judgment dated 18.04.2018 passed by Division Bench of this Court in SPA No. 922 of 2017. The same shall be kept on record.

3. Perusal of the said judgement indicates that the Division Bench of this Court set aside the judgment rendered by Writ Court and the matter is remitted back to Writ Court for rehearing.

4. Since the judgment rendered by Writ Court on 11.04.2017 has been set aside, therefore, this is not a case of wilful disobedience.

5. Accordingly, contempt petition is dismissed. Notice issued to the respondent is hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal