Back
C. HARI SHANKAR, ANOOP KUMAR MENDIRATTA
Union Of India – Appellant
Versus
Shashank Sharma – Respondent
JUDGMENT :
C. HARI SHANKAR, J
1. This writ petition is directed against order dated 3 February 2024 passed in CP 388/2023, filed by the respondents seeking initiating of contempt proceedings against the petitioners for having contumaciously violated an earlier order dated 28 March 2023 passed by the Tribunal. The order reads thus:
Hon'ble Ms. Harvinder Kaur Oberoi. Member (J)
The OA filed by the applicants was allowed by this Tribunal vide its Order dated 28.03.2023 and the following directions were issued:
“7. We observed that time and again, the Hon'ble Supreme Court has observed that it is a legitimate expectation of the employees that they should get promotion to the next higher post and they have right to be considered for the next post as a fundamental right. The respondents stand is that for want of recruitment rules, they are not engaging any person and since the applicants became eligible for departmental test prior to the cutoff date, they were promoted subsequently in the month of August, 2017. Thus, they are not considering the case of the applicants.
8. In the sur-joinder filed by the respondents, it is stated that Since new Recruitment Rules for the post of Intelligen
Contempt proceedings cannot issue substantive directions; eligibility for promotion must be determined based on established criteria, not merely participation in examinations.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
An appeal against a contempt order is maintainable only if it involves punishment for contempt; the court found justifiable reasons for the delay in compliance with the order.
A party against whom an order is made has grievance, the only remedy available to him is to challenge the order by taking appropriate proceedings known to law. But it cannot be made ineffective by no....
The court ruled that promotions must not be granted when disciplinary proceedings are pending, reinforcing the importance of integrity and legality in public service roles.
Willful disobedience of a court order, even if based on negligence or carelessness, constitutes contempt of court and may result in imprisonment and fine.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
