CLCON/502/2021
2021 Latest Caselaw 4858 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 1ST DAY OF DECEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Contempt Petition No. 502 of 2021

BETWEEN:

Dr. Alok Kumar Srivastava.                       .....Petitioner
      (By Mr. Pradeep Kumar Chauhan, Advocate)

AND:
Dr. Rajesh Kumar Adhana.                       ...Respondent
      (There is no representation for the respondent)


                       JUDGMENT

This Contempt Petition has been filed alleging willful violation of the order dated 05.08.2021 passed by Division Bench of this Court in WPSB No. 272 of 2021. The said writ petition was disposed of in view of the statement made by learned counsel for the University that out of the two promotion quota vacancies on the post of Professor, one is already occupied and against the other, petitioner's claim is being considered.

2. It is the contention of the petitioner in the Contempt Petition that since a statement was made on behalf of the University on 05.08.2021 that petitioner's case for promotion is being considered, therefore, by not issuing any promotion order in favour of the petitioner, University Authorities are violating the order passed by Division Bench of this Court.

3. This Court is unable to accept the submission made on behalf of the petitioner. The Division Bench while disposing of the writ petition has not fixed any deadline for issuing promotion order in favour of the petitioner or any other person. The Division Bench has merely recorded the statement made on behalf of the University that claim of eligible persons for promotion as Professor is being considered.

4. In the absence of any positive command to the University to promote the petitioner, that too within a specified time, this Court is of the considered opinion that this is not a case of willful disobedience of the order passed by Division Bench of this Court.

5. Accordingly, the Contempt Petition is dismissed.

(MANOJ KUMAR TIWARI, J.) Navin