Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3284

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J.
Syed Ahmar Ali Hashmi – Appellant
Versus
Vasudha Mishra & Ors. – Respondents
CONT.CAS(C) 110 of 2022 & CM APPL. Nos. 39610-39612 of 2022
Decided On : 13-07-2023

Advocates appeared:
Mr Setu Niket and Ms Esha Mazumdar, Advocates, for the Petitioner.
Mr Hrishikesh Baruah, Mr Kumar Kshitij, Mr Anurag Mishra and Mr Saumitra Shrivastava, Advocates, for the Respondent-1.
Mrs Avnish Ahlawat, Standing Counsel GNCTD with Ms Tania Ahlawat, Mr Nitesh Kumar Singh, Ms Palak Rohmetra, Ms Laavanya Kaushik and Ms Aliza Alam, Advocates, for the Respondent-2 & 3.

Establishing 'wilful' disobedience is essential to prove contempt, requiring a deliberate and intentional act with a bad purpose or without justifiable excuse. Non-compliance due to compelling circumstances may not warrant punishment for contempt.

Headnote:
Contempt Petition - Non-Compliance of Court Order - OA No. 975/2020 - W.P.(C) 5231/2020 - [OA No. 975/2020, W.P.(C) 5231/2020] - The court discussed the non-compliance of the order dated 11.08.2021, which directed the extension of relaxation in age limit for a post of Senior Scientific Officer. The respondent's intention to comply with the court's directions was evident, but non-compliance was due to the establishment of a new Cyber Forensic Division and the merger of the post with other vacancies. The court emphasized the need for 'wilful' disobedience to establish contempt and highlighted the mental element required for such a finding. The contempt petition was not revived, granting the petitioner liberty to pursue legal remedies.
Fact of the Case:

The application sought revival of a contempt petition (CONT.CAS(C) 110/2022) due to the respondents' withdrawal of vacancies despite a court order. The respondents had complied with the order dated 11.08.2021, but the application aimed to revive the contempt petition based on subsequent developments.
Finding of the Court:

The court found that the respondents had shown intention to comply with the court's directions, but non-compliance was attributed to the establishment of a new Cyber Forensic Division and the merger of the post with other vacancies. The court emphasized the need for 'wilful' disobedience to establish contempt and highlighted the mental element required for such a finding. The contempt petition was not revived, granting the petitioner liberty to pursue legal remedies.
Issues: Non-compliance of court order, revival of contempt petition, intention to comply with court's directions, establishment of new Cyber Forensic Division, merger of vacancies.
Ratio Decidendi: The court emphasized the mental element of 'wilful' disobedience required to establish contempt. It considered the respondents' intention to comply with the court's directions and attributed non-compliance to administrative reasons, concluding that there was no intentional or mala fide non-compliance.
Final Decision: The contempt petition was not revived, and the petitioner was granted liberty to avail any/all legal remedies available. All other pending applications were also disposed of.

JUDGMENT

Jasmeet Singh, J. (Oral)

CM APPL. Nos. 39610/2022

1. This is an application seeking revival of contempt petition being CONT.CAS(C) 110/2022. On 26.05.2022, the contempt petition was disposed of as the order dated 11.08.2021 had been complied with. The operative portion of the order dated 11.08.2021 reads as under:

"21. In view of the above, the order dated 07.08.2020 passed in OA No. 975/2020 is hereby set aside. Respondent no.1 is directed to extend the benefit of relaxation in age limit upto 5 years to the petitioner while considering his application for the post of Senior Scientific Officer (Documents) vide advertisement no. 07/2020, issued through UPSC, and he be allowed to participate in the selection process, subject to fulfillment of other conditions laid down qua the subject post.

22. The writ petition is disposed of with these directions. Consequently, pending application shall also stand closed."

2. The operative portion of the order dated 26.05.2022 reads as under:

"1. Learned counsel for the Petitioner states that order dated 11.08.2021 passed by this Court in W.P.(C) 5231/2020, non-compliance of which is the subject matter of the instant contempt petition has been complied with.

2. In view of the above, nothing survives in the instant contempt petition.

3. The petition is disposed of, along with pending application(s), if any."

3. The present application states that the respondents have withdrawn the vacancies despite the order of this Hon'ble Court. Hence, the present application for revival of the contempt petition.

4. Respondent has filed a reply and has relied upon three letters. The NCT of Delhi on 28.04.2022 addressed a letter to UPSC as under:

"Government of National Capital Territory of Delhi

Home-III Department

5th Level `C. Wing, Delhi Secretariar, I.P. Estate, New Delhi

No.F.19/5(1)/2015/Home III Deptt./2320

dated 28/4/22

The Under Secretary (R-2).

Union Public Service Commission

Dholpur House, Shahjahan Road

New Delhi-110069

Subject: To hold the recruitment process of 03 (02 UR and 01 OBC) posts of "Solar Scientific Officer (Documents)" of Forensic Science Laboratory, Govt. Of NCT of Delhi which have already been advertised by UPSC in employment news on 25.07.2020 & 27.02.2021 vide advt. no. 7/20 & 04/21 respectively.

Sir,

In continuation of this office letter of even number dated 14.12.2020 and 20.10.2020 vide which proposals for filling up of 06 (03 UR, 01 SC & 02 OBC) vacant posts of Senior Scientific Officer (Documents) (including the 03 posts of Cyber Forensic Unit) were forwarded to UPSC tor filling up under direct recruitment. Subsequently, UPSC advertised these vacancies in the employment news on 25.07.2020 & 27.02.2021 vide advt no. 7/201 & 04/21 respectively (copy enclosed)

But, now an independent "Cyber Forensic Division" has been established and started functioning in FSL Delhi, for which additional 108 posts have also been sanctioned/created vide letter dated 21 10.2020 (copy enclosed). Therefore, if has been decided to shift/transfer already sanctioned/crested posts of Cyber Forensic Unit from Documents Division to Cyber Forensic Division.

It is, therefore, requested to kindly hold the recruitment process of 03 (02 UR and 01 OBC) posts of "Senior Scientific Officer (Documents)" of Forensic Science Laboratory, Govt. of NCT of Delhi, which were advertised by UPSC in employment news on 25.07.2021 & 27.02.2021 vide advt. no.7/20 & 04/21 respectively, due to administrative reasons, till further communication by this office/

These issues with the approval of Additional Chief Secretary (Home)

Yours faithfully,

Encls: As above.

Sd/-

DEPUTY SECRETARY (HOME)

GOVT. OF NCT OF DELHI"

5. The UPSC on 27.05.2022 replied clearly showing its intention to comply with the Order dated 11.08.2021.

"No. F.1/29(8)/2020-R.II

UNION PUBLIC SERVICE COMMISSION

DHOLPUR HOUSE, SHAHJAHAN ROAD

New Delhi-110 069

To,