CLCON/186/2021
2021 Latest Caselaw 1745 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 25TH DAY OF MAY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION NO. 186 OF 2021
BETWEEN:
Narendra Koli & others                    ...Petitioners

     (By Mr. M.S. Pal, Senior Advocate assisted by Mr. Sachin,
     Advocate)

AND:
Manoj Chandran                              ...Respondent


                       JUDGMENT

1. This contempt petition has been filed alleging wilful disobedience of the interim order dated 18.12.2020 passed by coordinate Bench of this Court in WPSS No. 1752 of 2020. Operative portion of the said order is extracted below:-

"As an interim measure, it is directed that the promotion of the respondent nos.5 to 26, shall be subject to the final decision of the writ petition."

2. In the contempt petition, it is alleged that, based on the seniority list dated 01.10.2020, which has been challenged in the aforesaid writ petition, certain persons have now been promoted. However, learned Senior Counsel appearing for the petitioner fairly submits that the persons, who are so promoted, are other than respondent nos. 5 to 26 in the writ petition.

3. Since coordinate Bench has not granted any stay against promotion exercise and only this

much was provided vide order dated 18.12.2020 that promotion of respondent nos. 5 to 26 in the writ petition would be subject to the final decision of the writ petition, therefore, in the humble opinion of this Court that no contempt of the order of this Court is made out against the opposite party.

4. In such view of the matter, this Court decline to issue notice to the opposite party. Accordingly, contempt petition is closed. However, having regard to the facts and circumstances of the case, it shall be open to the petitioner to approach the writ court by making appropriate application.

(MANOJ KUMAR TIWARI, J.) Aswal