CLCON/891/2018
2022 Latest Caselaw 632 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLCON No. 891 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Bhagwat Mehra, learned counsel for the petitioner.

Mr. J.S. Bisht, learned counsel for the opposite parties.

Petitioner was serving as Assistant Manager in Uttarakhand Tea Development Board. He was promoted to the post of Manager, but subsequently, he was reverted to the post of Assistant Manager on 09.06.2016.

Against the said order, writ petition filed by the petitioner was allowed and reversion order was quashed vide judgment dated 20.04.2017. This contempt petition has been filed alleging wilful disobedience of the judgment passed by Writ Court.

Mr. J.S. Bisht, learned Standing Counsel for the opposite parties submits that in terms of liberty granted by Writ Court, show cause notice was issued to the petitioner and after considering his reply, fresh order was passed reverting the petitioner to the post of Assistant Manager. Thus, according to him, order passed by Writ Court has been complied with. Mr. Bhagwat Mehra, learned counsel for the petitioner submits that order of recovery has also been passed against the petitioner asking him to refund a sum of ₹80,285/-, as difference of salary, which was paid to him for the post of Manager.

Since the order passed by writ court is silent as regards recovery and Writ Court had granted liberty to the opposite parties to proceed against the petitioner, therefore, the order of recovery does not amount to contempt of the order passed by Writ Court, though it may give rise to independent cause of action.

In such view of the matter, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioner shall be at liberty to challenge the reversion/recovery order before the appropriate forum.

(Manoj Kumar Tiwari, J.) 08.03.2022 Aswal