Contempt of court found for violations of a prior Writ Court order regarding employment status of petitioners.

JUDGMENT :

Pankaj Jain, J. (Oral)

1. Affidavit of Sandeep Khatkar, Assistant Registrar, Cooperative Societies Kaithal on behalf of respondent No.1 has been filed. The same is taken on record.

2. On 28.04.2025, following order was passed :

'[1] The present contempt petition alleges violation of the order passed by the Writ Court dated 24.02.2025 in CWP-851-2025, which was passed on the basis of statement suffered by the State Counsel. The operative part of the order passed by the Writ Court reads as under:-

[2] Affidavit was filed by respondent No.3-Maan Singh, wherein the factum of the contempt petitioners having been issued appointment letters and they having submitted their joining report pursuant thereto was admitted. The same reads as under:-

[3] Today, affidavit of Shri Sandeep Khatkar, Assistant Registrar, Cooperative Societies, Kaithal, has been filed, wherein it is admitted that the revision petition No.57 of 2024 is pending before the Special Secretary, Corporation Department, Government of Haryana and is now fixed for 07.05.2025. However, it has been claimed that as per the affidavit received from Manager, Kaithal Co-operative Marketing-cum-Processing Society Limited, Kaithal, the petitioners though tendered their joining report but they never worked in the Society. In order to demonstrate the same, register of the Society has been appended along with the affidavit (Annexures R-1 & R-2). Further it has been submitted that the Manager Society has been suspended and he has been charge-sheeted for issuance of unlawful, wrong appointment letters and qua that, order has also been passed on 24.04.2025.

[4] In view of the above, this Court finds that prima facie both respondent Nos.1 & 3 have committed contempt of the orders passed by this Court dated 24.02.2025. The order was passed on the statement made by the State Counsel herself, wherein she undertook that the petitioners are working on the date of passing of the order, they would continue to work till the adjudication of the ROR.

[5] In view of the above, this Court frames following charge:-(i) That you have deliberately and intentionally disobeyed the order dated 24.02.2025 passed by this Court in CWP-851-2025 and thereby committed contempt of Court under Sections 10 & 12 of the Contempt of Courts Act, 1971 .

[6] Respondent No.1 pleads not guilty and prays for time to reply to the charge.

[7] Respondent No.3 also pleads not guilty.

[8] Respondent Nos.1 & 3 to submit their affidavit(s) in response to the charge.

[9] Adjourned to 29.04.2025.

[10] Copy of this order be served on both the respondents under the signatures of the Court Secretary.'

3. There is no dispute regarding pendency of the revision petition. The issue is :

'Whether the petitioners were working on 24.02.2025 or not?'

4. Appointment letters issued to the petitioners are also not in dispute. As per stand taken by the respondents, the joining reports submitted by the petitioners have been lost. Meaning thereby, furnishing of joining reports, is also not in dispute. Resolution w.r.t. appointment of the 14 petitioners, is also not in dispute. The respondents want to plead that the petitioners were appointed illegally. Admittedly, the issue is pending in revision petition which is yet to be decided. Resolution No.6, dated 22.12.2023 has been cancelled by Deputy Registrar Cooperative Societies only vide order dated 24.04.2025 i.e. after passing of the order by the Writ Court. Merely, for the reason that the petitioners were not being allowed to mark their presence, they cannot be held to be not working.

5. In view thereof, this Court finds that respondents No.1 and 3 are guilty of having committed Contempt of Court punishable under Section 12 of the Contempt of