Non-compliance with a court order cannot be justified by the mere filing of a Special Leave Petition without a stay order.

ORDER :

1. This contempt petition arises out of judgment dated 02.07.2018 passed by the Writ Court in SWP No. 2666/2016 titled ‘Chamel Sigh vs. State and others’. The operative portion of the judgment reads as under : -

“That being the position, it is evident that the APRs/ACRs of the petitioner as also his other service record like service book were not placed before the Establishment Committee which arrived at the conclusion for retiring the petitioner prematurely on the basis of aforesaid two FIRs and that the general reputation of the petitioner was not good. The case of the petitioner is, therefore, fully covered by the judgment in the case of Abdul Majid Wani’s case (supra). Accordingly, the writ petition is allowed and the order impugned is set aside. Respondents to reinstate the petitioner forthwith along with all consequential benefits”.

2. The respondents preferred LPA No. 207/2018 against the judgment of the Writ Court and, accordingly, the Division Bench of this Court vide order dated 26.09.2023 dismissed the said Appeal with the following observations:-

“Viewed thus, we are not inclined to take a view other than the one taken by the learned Single Judge. Accordingly, the appeal is dismissed along with connected CM, if any, upholding the judgment and order of learned Single Judge”

3. The non-implementation of the judgment of the Writ Court had constrained the petitioner to file the instant contempt petition. On 18.08.2018, this Court, while entertaining the instant contempt petition, issued notice to the respondents as it found that a prima facie case had been made out. Pursuant to the notice issued, learned AAG appeared on 31.10.2018 and sought time to implement the judgment.

4. Record reveals that this Court, vide order dated 01.05.2024, granted further time to the respondents to file compliance report strictly in tune with the judgment of the Writ Court by the next date of hearing, failing which, it was observed that the coercive measures shall be initiated against the respondents.

5. In the aforesaid backdrop, the petitioner was directed to implead the present incumbents as party respondents in the instant contempt petition.

6. Order dated 01.05.2024 further reveals that the learned counsel appearing on behalf of the respondents made a categoric statement that some SLP has been preferred. However, he could not provide diary number of the said SLP to the Court on that day and, therefore, it was observed in the order dated 01.05.2024 that the only inference that can be drawn against the respondents is that the judgment of the Writ Court has attained finality and no proceedings against the said judgment are pending and, thus, the respondents have no other option, but to implement the judgment in its letter and spirit.

7. When the instant contempt petition was taken up on 31st July 2024, it has come to fore that the order passed by this Court on 01.05.02024 was not complied with and also the compliance report as already directed by this Court was not filed and, thus, the Court was left with no other option, but to initiate coercive measures against the respondents. However, while showing magnanimity, this Court deemed it proper to grant last and final opportunity to the respondents to implement the judgment in its letter and spirit within one week positively, failing which, it was observed that the Court will be constrained to frame rule against the respondents, as the Court was prima facie of the view that the respondents have flouted the judgment passed by this Court with impunity and the respondents were, prima facie, in recurring contempt. It was also made clear by virtue of order dated 31st July 2024 that in case the order passed by this Court on 01.05.2024 in the instant contempt is not complied with on or before the next date, then the present incumbent i.e respondent No.1-Commissioner/Secretary to Government, General Administration Department, Civil Secretariat, Srinagar shall appear in person on the date fixed and,