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DELHI HIGH COURT
NAJMI WAZIRI
Nidhi Malik – Appellant
Versus
Alapan Bandyopadhyay – Respondent
| Table of Content |
|---|
| 1. petitioner seeks contempt proceedings against respondent for non-compliance. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondent argues compliance with prior order; claims legitimate reasons. (Para 6 , 7 , 8 , 9) |
| 3. court emphasizes duty of compliance with prior orders. (Para 10 , 11 , 12 , 13) |
| 4. non-compliance undermines rule of law and court authority. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. petitioner granted relief; respondent to act accordingly. (Para 21 , 22 , 23 , 24 , 25 , 26) |
JUDGMENT
Najmi Waziri, J. This contempt petition has been filed by the petitioner under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1949, seeking, inter alia, the following reliefs:-
"(i) Initiate contempt proceedings against the alleged contemnor for willfully and deliberately disobeying the judgment and Order dated 06.01.2021 of this Hon'ble Court passed in the W.P.(C) No.10874 of 2020 and further direct the Respondent to pass a fresh order in compliance of the said Order;"
2. The learned counsel for the petitioner submits that the order dated 06.01.2021 passed by the Division Bench in W.P.(C) No. 10874/2020 leaves no scope for th
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Inter-cadre transfers based on marital grounds should be prioritized, and administrative reasons like officer shortages cannot justify denials, divesting officers of family rights.
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Judicial authority must be respected; failure to comply with Tribunal orders results in administrative contempt and can have significant implications for the affected employee.
Inter-cadre transfer requests based on spousal grounds must be honored, and reasons such as officer shortages are insufficient to deny such requests under constitutional rights to family life.
The main legal point established in the judgment is that the transfer order violated the petitioner's fundamental right to equality before the law.
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