Prima facie disobedience does not necessarily amount to willful and contumacious disobedience for contempt.

1. This order shall dispose of the contempt petition filed by the petitioner against the respondent nos. 1 to 4 under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India against the respondents for having willfully and deliberately violated of the order dated 7th November, 2008 passed in WP(C) No. 7879/2008.

2. That briefly stated the facts, as alleged in the contempt petition, are that the petitioner vide office order dated 6th October, 2008, the petitioner who was working as CMO, AVH Haiderpur, was transferred and posted as Resident Medical Superintendent, Ayurvedic Panchkarma Hospital, Kalu Sarai in place of Dr. Raj Mann with immediate effect. In this order, it was mentioned that Dr. Raj Mann will continue to work as CMO in the same hospital. Another office order dated 23rd October, 2008 was passed by the respondents wherein it was directed that the status quo shall be maintained in respect of the earlier office order dated 6th October, 2008 by virtue of which the petitioner was transferred as Resident Medical Superintendent, Ayurvedic Panchkarma Hospital. It was stated in the office order that Dr.

Raj Mann would continue to work as Resident Medical Superintendent in the same hospital in question.

3. The petitioner feeling aggrieved by virtue of the office order dated 23rd October, 2008 filed a writ petition bearing No. 7879/2008 against the respondents/MCD in which Dr. Raj Mann was also made as a party. In this writ petition an order dated 7th November, 2008 was passed in the presence of counsel for the respondent no.1/MCD. The exact language of the said order is as under: “ The petitioner was promoted as Resident Medical Superintendent in Ayurvedic Panchkarma Hospital, Kalu Sarai vide office order passed by respondent No. 1 on 06.10.2008. The petitioner in para 1 at page 2 of the writ petition has stated that pursuant to order of his promotion dated 06.10.2008, he has taken over the charge of the post of Resident Medical Superintendent in Ayurvedic Panchkarma Hospital, Kalu Sarai w.e.f. 06.10.2008 and this statement made by him is supported by his affidavit filed along with the writ petition. Respondent No. 1 after promoting the petitioner vide order dated 06.10.2008 has passed the impugned order dated 23.10.2008 directing to maintain status quo in relation to promotion order of the petitioner dated 06.10.2008 and asked respondent No. 2 Dr. Kumari Rajj Mann to take over the charge of the post of Resident Medical Superintendent in Ayurvedic Panchkarma Hospital, Kalu Sarai. According to the petitioner, respondent No. 2 has not taken over the charge of the post of Resident Medical Superintendent in Ayurvedic Panchkarma Hospital, Kalu Sarai till date.

The petitioner has contended in this writ petition that his seniority in the list of CMOs is at serial No. 45 whereas the seniority of respondent No. 2 in the cadre of CMOs is at serial No. 97. The petitioner has annexed the copies of the seniority lists which are at pages 18 and 21 of the paper book to show relative seniority of the petitioner qua respondent No. 2. The grievance of the petitioner in this writ petition is that respondent No. 1 could not have promoted respondent No. 2 who is junior to him and the impugned order according to the petitioner has the effect of reverting him without following due process of law or giving any hearing to him.

The contentions raised by the petitioner in this writ petition requires consideration and will be decided after notice to the other side. Having regard to the facts and circumstances of the case pleaded by the petitioner in the petition and the submissions made by his counsel, the operation of the impugned order dated 23.10.2008 is stayed till next date of hearing.

Issue notice of the writ petition and also of the stay application to the respondents.

Ms. Maninder Acharya accepts notice on behalf of respondent No. 1. Notice be sent to respondent