CLCON/442/2017
2021 Latest Caselaw 1508 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 12TH DAY OF APRIL, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 442 of 2017

BETWEEN:

Chandra Shekhar Pathak.                          ...Petitioner
     (By Mr. Prabhat Bohra, Advocate)

AND:
Shri Vilas S. Burde & another.             ...Respondents
     (By Mr. Pankaj Chaturvedi, Advocate for respondent no.
     2)


                       JUDGMENT

Writ Petition (S/S) No. 845 of 2014 filed by the petitioner was disposed of in terms of judgment rendered in WPSS No. 912 of 2015 and respondents were directed to consider the claim of the petitioner for appointment as Constable (GD) in Central Armed Police Forces.

2. A compliance affidavit has been filed on behalf of respondent no. 2. Alongwith said affidavit, an order dated 21.06.2018 passed by Under Secretary (N.R.), Staff Selection Commission has been enclosed. A perusal of the said order reveals that the petitioner's claim for appointment has been rejected.

3. Learned counsel for the petitioner submits that petitioner's claim has been wrongfully rejected, as persons, who scored less marks than the petitioner in the selection process, were offered appointment, thus, petitioner has been subjected to hostile discrimination.

4. This Court thinks that correctness or otherwise of the order passed by Under Secretary, (N.R.), Staff Selection Commission cannot be gone into in these proceedings under Section 12 of Contempt of Courts Act.

5. Since the only direction, which was issued by Writ Court, was to consider petitioner's claim and now decision has been taken, therefore, nothing survives in this Contempt Petition.

6. Accordingly, the Contempt Petition is closed. Contempt notices issued to the respondents are hereby discharged.

7. However, petitioner shall be at liberty to approach the appropriate forum for challenging the order dated 21.06.2018.

(MANOJ KUMAR TIWARI, J.) Arpan