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2006 Supreme(P&H) 2443
PUNJAB & HARYANA HIGH COURT
Surya Kant, J.
Ram Kumar
Versus
K.K.Khandelwal
COCP No. 1537 of 2005,
Decided On : JULY 4, 2006
Non-compliance with court directions can lead to the initiation of contempt proceedings, and the respondent's filing of a speaking order rejecting the petitioner's claim can lead to the disposal of the contempt petition with liberty to challenge the speaking order.
Headnote:
Contempt - Promotion - The court disposed of the petition with directions to consider the petitioner's representation by passing a speaking order. Non-compliance led to the initiation of the contempt petition. The respondent filed an affidavit and appended a speaking order rejecting the petitioner's claim, leading to the disposal of the contempt petition with liberty to the petitioner to challenge the speaking order.
Fact of the Case:
The petitioner claimed promotion on the ground that his juniors have been promoted. The Division Bench of the Court directed the respondent to consider the petitioner's representation by passing a speaking order. Non-compliance led to the initiation of the contempt petition.
Finding of the Court:
The court disposed of the contempt petition as the respondent filed an affidavit with a speaking order rejecting the petitioner's claim, granting liberty to the petitioner to challenge the speaking order.
Issues: Non-compliance with court directions, rejection of petitioner's claim, initiation of contempt proceedings, liberty to challenge speaking order.
Ratio Decidendi: Non-compliance with court directions can lead to the initiation of contempt proceedings. The respondent's filing of a speaking order rejecting the petitioner's claim can lead to the disposal of the contempt petition with liberty to challenge the speaking order.
Final Decision: The petition is disposed of with liberty to the petitioner to impugn the speaking order, and the rule is discharged.
SURYA KANT, J.
1. The petitioner filed CWP No.11294 of 2002 claiming promotion on the ground that his juniors have been promoted. The said petition was disposed of by a Division Bench of this Court on February 27, 2003 with the directions to the respondent to consider the petitioners representation by passing a speaking order. Non compliance of the aforesaid said order led the initiation of the present contempt petition.
2. In response to the show cause notice, an affidavit of Mr. K. K. Khandelwal, IAS, Commissioner and Director General School Education, Haryana, dated May 2, 2006 has been filed and along with the affidavit, he has appended copy of the speaking order dated December 12, 2003 vide which petitioners claim has been rejected, In this view of the matter, no further action in this contempt proceedings is required to be initiated. Consequently, this petition is disposed of with liberty to the petitioner to impugn the speaking order, referred to above, if so advised. Rule is discharged.
