[Cites 1, Cited by 0]
Uttarakhand High Court
Unknown vs Cantonment Board on 11 December, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office
Date Notes,
reports, COURT'S OR JUDGE'S ORDERS
orders or
proceedings
or
directions
and
Registrar's
order with
Signatures
D-38 WPSS No.2391 of 2015
With
CLCON No.19 of 2016
Hon'ble Ravindra Maithani, J.
Mr. Sandeep Kothari, Advocate for the
petitioner.
Mr. Bhagwat Mehra, Advocate for the
Cantonment Board, Dehradun/respondent no.1.
Mr. M.C. Pant, Advocate for respondent nos.2
and 3.
This contempt petition is pending for almost
09 years. It is really shocking that a contempt
petition remains pending for about 09 years.
The petitioner has brought to the notice of the
Court that order dated 03.12.2015, passed in
WPSS No. 2391 of 2015, Smt. Poonam Verma Vs.
Cantonment Board, Dehradun and others ("the
petition") has been wilfully disobeyed by the
respondents. The Court on that date had inter
alia passed the following order:-
"Mr. Pankaj Purohit, learned counsel for the
petitioner submits that petitioner is senior to
respondent No. 4; respondent No. 4 was granted
promotion to the post of Principal vide order dated
14.07.2003 and the Resolution No. 104-1 dated
13.09.2006 which was set aside by the Division Bench
of this Court, vide judgment dated 06.05.2015;
Division Bench of this Court has also directed
Cantonment Board to decide the question of promotion
on the principle of seniority-cum-merit; once again, in
violation of the direction issued vide judgment dated
06.05.2015, respondent No. 4 who was junior to the
petitioner, has been granted promotion to the post of
Principal.
Issue notice to respondent No. 4 by registered post
A.D. in addition to normal mode of service returnable
with three weeks, on steps being taken by the
petitioner within a week.
In the peculiar facts and circumstances of the case,
I direct that meanwhile operation and effect of the
impugned order shall remain stay. However, till further
orders of this Court, petitioner, who is senior-most
teacher in the college, shall be given officiating charge
of the Principal."
In fact, instant contempt petition has been
tagged along with WPSS No.2391 of 2015.
Learned counsel for the petitioner submits
that the order of the Court passed in the petition,
has been wilfully disobeyed and the petitioner
has yet not been given the officiating charge of
Principal.
In WPSS No.2391 of 2015, Cantonment
Board is being represented.
Learned counsel for the Cantonment Board
would submit that pursuant to the judgment
passed in Special Appeal No.100 of 2010, Smt.
Poonam Verma Vs. Cantonment Board,
Dehradun and others ("Special Appeal"), the
Cantonment Board was given liberty to make
arrangements so that to run the business.
Accordingly, the arrangements are made. In the
Special Appeal in para 22 the Court passed the
following orders:-
"22. We may also hold that the order dated
14.07.2003 would appear to be bad for two reasons.
There is no basis on which it is found that the
appellant is found to be unfit. Furthermore, in the
subsequent order, which appears to be an order
ratifying the earlier order, it is found that the appellant
is only less meritorious. Therefore, the authority has
not persevered in the earlier assessment. Therefore, for
these reasons, we find that the said orders cannot be
sustained. Therefore, the impugned order dated
14.07.2003 and the Resolution No. 104-1 dated
13.09.2006 cannot be sustained and they are liable to
be quashed and are hereby quashed. We direct the
respondent Board to consider the case of the appellant
and the 4th respondent in terms of the proviso to Rule
5-B(8) and keeping in view the principle enunciated by
the Hon'ble Apex Court relating to the criteria of
seniority-cum-merit. This exercise shall be undertaken
and completed within a period of one month from the
date of production of a copy of this judgment. It will be
open to the Cantonment Board to make arrangement
so that the business of the School is not affected."
There have been multiple rounds of litigation
between the parties. The petitioner had
challenged the action of Cantonment Board, by
which, she has been denied promotion on the
post of the Principal. On the earlier round, when
the petitioner was denied promotion, those
resolutions were set aside by the Court in the
Special Appeal with the directions to the
Cantonment Board to undertake and complete
the exercise of appointment of Principal within
time and at that in para 22, the Court has
observed, "it will be open to the Cantonment
Board to make arrangement so that the business
of the School is not affected."
After the judgment passed on 06.05.2015 in
the Special Appeal, the Cantonment Board again
did not consider the petitioner fit for promotion
and appointed some other person. That order was
challenged in WPSS No.2391 of 2015, which was
stayed. So the effect of order dated 06.05.2015,
passed in the Special Appeal had already ceased
to operate. The Cantonment Board had
undertaken the fresh exercise for appointment of
the Principal and that exercise was stopped by
the Court on 03.12.2015, by an order passed in
the petition and on that date Cantonment Board
was categorically directed that till further orders
of the Court, the petitioner who is senior-most
teacher in the college, shall be given officiating
charge of the Principal. It has yet not been given.
Learned counsel for the petitioner would
submit that now Harendra Singh is new Chief
Executive Officer of the Cantonment Board,
Dehradun. He seeks permission to implead him.
In fact, there have been multiple
impleadments done, as the case remains pending
for a long.
Let Harendra Singh be impleaded as
respondent no.4 during the course of the day.
The petitioner take out dasti notice.
The newly proposed respondent no.4
Harendra Singh, shall join the proceedings
through video conferencing on 19.12.2025, so as
to explain, as to why he has not comply with the
order dated 03.12.2015, passed by this Court in
the petition. He should comply with the order on
or before the date fixed or should explain the
Court, as to why the charges may not be framed
against him.
List on 19.12.2025.
(Ravindra Maithani, J.)
11.12.2025
Sanjay
