Uttarakhand High Court
CLCON/248/2017 on 23 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 23RD DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
CONTEMPT PETITION No. 248 of 2017
BETWEEN:
Ramkumar Singh. ...Petitioner
(There is no representation for the petitioner)
AND:
Gopal Swaroop Bhardwaj. ...Respondent
(By Mr. J.S. Bisht, Standing Counsel for the State of
Uttarakhand)
JUDGMENT
Feeling aggrieved by termination of his
service, petitioner filed WPSS No. 83 of 2016. The
said writ petition was allowed by Writ Court vide order
dated 28.03.2017 and the termination order passed in
respect of the petitioner was quashed and
respondents were directed to re-instate the 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. Alleging disobedience of the said judgment,
petitioner has filed this Contempt Petition.
3. Learned Standing Counsel has produced in
Court today the judgment dated 13.02.2019 rendered
by Division Bench of this Court in Special Appeal No.
385 of 2017. He submits that the judgment rendered
by Writ Court in favour of the petitioner was set aside
and the matter was remanded back to the Writ
Court. He further submits that, upon remand of the
matter to the Writ Court, petitioner's writ petition was
disposed of in terms of the judgment rendered in
Special Appeal No. 543 of 2017.
4. Perusal of the judgment rendered in Special
Appeal No. 543 of 2017 reveals that it was disposed
of with a direction to the Competent Authority to
complete departmental inquiry within four months
from the date of production of certified copy of the
order. Learned Standing Counsel has apprised the
Court that, in terms of the direction issued in Special
Appeal No. 543 of 2017, departmental proceedings
were initiated against the petitioner, however, due to
non-cooperation by the petitioner, inquiry could not
be concluded so far. Learned Standing Counsel has
produced in Court today, a letter dated 31.08.2020
issued by District Education Officer, Elementary
Education, Nainital to the petitioner, whereby
petitioner was asked to extend cooperation in terms
of the order passed by Division Bench of this Court.
5. Since the order passed by Writ Court was
set aside by Division Bench of this Court in Special
Appeal and disciplinary proceeding initiated against
the petitioner are also nearing completion, however,
due to non-cooperation, the inquiry proceedings could
not have been concluded so far.
6. In such view of the matter, this Court is of
the considered opinion that this is not a case of willful
disobedience of the order passed by this Court.
7. Accordingly, the Contempt Petition is
closed.
8. Contempt notices issued to the respondents
are hereby discharged.
(MANOJ KUMAR TIWARI, J.)
Arpan
