CLCON/333/2021
2021 Latest Caselaw 2911 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
         ON THE 6TH DAY OFAUGUST, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       CONTEMPT PETITION NO. 333 OF 2021

BETWEEN:

Chitranand Nautiyal                       ... Petitioner
       (By Mr. Hem Chandra Joshi, Advocate)

AND:
Shri PUnit Tomar                          ... Opposite Party
       (There is no representation for the respondents)


                        JUDGMENT

1. WPSS No. 440 of 2014, filed by the petitioner seeking regularization of his service, was disposed of in terms of judgment rendered in WPSS No. 1721 of 2015 and respondents were directed to consider petitioner's case for regularization and also for grant of minimum of pay scale along with Grade Pay.

2. In this contempt petition, petitioner has contended that the direction issued by Writ Court has not been complied with.

3. Regarding delay in filing this contempt petition, learned counsel for the petitioner submits that since State Government has filed special appeal against the order passed by Writ Court in WPSS No. 1721 of 2015, therefore, petitioner was waiting for the final outcome of the special appeal. He has

referred to the order passed in Special Appeal on 18.12.2020, which indicates that Special Appeal, filed by the State Government, was disposed of in terms of judgment rendered by Hon'ble Supreme Court in SLP

(c) No. 25803-25805 of 2019. Learned counsel for the petitioner further submits that the conduct of the opposite party in not complying with the direction issued by Writ Court as well as Division Bench of this Court in Special Appeal amounts to willful disobedience, therefore, opposite party deserves to be punished under the Contempt of Courts Act for not complying with Writ Court's order.

4. Having regard to the facts of the case, before issuing contempt notice to the opposite party, this Court thinks that one more opportunity be given for compliance of the order of Writ Court.

5. Accordingly, the contempt petition is disposed of with liberty to the petitioner to approach opposite party - Divisional Forest Officer, Forest Division Kotbangla, Uttarkashi by making a representation, within two weeks from today. If such a representation is made within stipulated time, Divisional Forest Officer shall look into the matter and take appropriate decision, in accordance with law, by passing a speaking order in the light of the order passed in WPSS No. 440 of 2014.

(MANOJ KUMAR TIWARI, J.) Aswal