Uttarakhand High Court
CLCON/286/2009 of LT COL RANJODH SINGH Vs BRIG BHUPINDER SINGH on 29 December 2009
of 2009 Hon’ble Tarun Agarwala, J. Mr. Lalit Kumar, Advocate for the applicant. Mr. Vikas Pandey, Standing Counsel (Union of India) for the respondent. Having heard the learned counsel for the applicant, this Court is of the opinion that no willful contempt is made out. The mere fact that
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CLCON No.286 of 2009 Hon’ble Tarun Agarwala, J.
Mr. Lalit Kumar, Advocate for the
applicant.
Mr. Vikas Pandey, Standing Counsel (Union of India) for the respondent.
Having heard the learned counsel for the applicant, this Court is of the opinion that no willful contempt is made out. The mere fact that the order of dismissal has been stayed by the High Court in a writ petition does not mean that the effect of that order has been wiped out. All it means that the order of the dismissal has been kept in abeyance. In this regard, the Supreme Court in Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association (1992) 3 SCC 1 has clearly held that the mere fact that an interim order has been passed does not mean that the order of discharge has been wiped out completely. All it means that the order has been kept in abeyance. Consequently, the mere fact that pursuant to the stay order, the applicant has not been allowed to join the services, does not mean that there is a willful contempt of the order of the Court. Unless and until, there is a specific direction of the Court directing the respondent to permit the applicant to join the services, no willful contempt is made out on account of the fact that the applicant was not allowed to join.
The contempt application is dismissed.
Dated 29.12.2009 Shiv
(Tarun Agarwala, J.)