CLCON/257/2017
2021 Latest Caselaw 3129 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 16TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION No. 257 of 2017
BETWEEN:

Babtesh Singh @ Babtesh Chauhan ...Petitioner
     (By Mr. RAjendra Arya, Advocate)

AND:

Bharampal Saini                       ... Opposite Party

     (By Mr. Pradeep Hariya, learned Standing Counsel)

                     JUDGMENT

1. WPSS No. 691 of 2017, filed by the petitioner, was decided in terms of the judgment rendered in WPSS No. 1152 of 2016. By the said order, termination order passed against the petitioner was quashed, and respondents were directed to reinstate petitioner with all consequential benefits, within six weeks. However, liberty was given to the respondents to proceed with the matter, in accordance with law.

2. Mr. Pradeep Hariya, Standing Counsel appearing for opposite party submits that pursuant to the order passed by Writ Court, petitioner was reinstated in service and subsequently, disciplinary enquiry was initiated against him, and on the result of such enquiry, petitioner's services have been again terminated.

3. Since Writ Court had only directed for reinstatement of petitioner in service and liberty was

given to the respondents to proceed against the petitioner, in accordance with law, therefore, in the humble opinion of this Court, this is not a case of wilful disobedience.

4. In such view of the matter, contempt petition is closed. Notice issued to the opposite party is hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal