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High Court of Allahabad
R.A. Misra, J.
S.G. Pagaare – Appellant
Versus
Zonal Manager Food Corporation of India, Ansal Bhawan, New Delhi – Respondent
Civil Misc. Contempt Petition No. 561 of 1985
Decided On : Oct 23, 1986
CONTEMPT OF COURT - SECTION 2(B) AND 12 OF THE CONTEMPT OF COURTS ACT - INTERIM INJUNCTION - STATUS QUO - TRANSFER ORDER - REVERSION ORDER - DISOBEDIENCE - JURISDICTION - ORDER 39 RULE 2-A CPC - ALTERNATIVE REMEDY - U. P. STATE PROVISO (B) TO ORDER 39 RULE 2 CPC - VOID ORDER - STAY OF OPERATION OF ORDER REDUCING RANK - EMPLOYEE - GOVERNMENT SERVICE.
Fact of the Case:
The petitioner, an employee of the Food Corporation of India (FCI), filed a suit challenging his reversion from the post of Deputy Manager to Assistant Manager and obtained an interim injunction from the Munsif Court restraining the FCI from giving effect to the reversion order. Subsequently, the petitioner was transferred to Punjab by the FCI. The petitioner alleged that the transfer order was in violation of the interim injunction and filed a contempt petition against the Senior Regional Manager of FCI for disobeying the injunction order.
Finding of the Court:
The court held that the transfer order did not violate the interim injunction order as the injunction order only restrained the FCI from giving effect to the reversion order and did not prohibit the transfer of the petitioner. The court also held that the petitioner had an effective alternative remedy under Order 39 Rule 2-A CPC and should not have resorted to contempt proceedings.
Issues: 1. Whether the transfer order violated the interim injunction order? 2. Whether the petitioner had an effective alternative remedy under Order 39 Rule 2-A CPC?
Ratio Decidendi: 1. The interim injunction order only restrained the FCI from giving effect to the reversion order and did not prohibit the transfer of the petitioner. 2. The petitioner had an effective alternative remedy under Order 39 Rule 2-A CPC and should not have resorted to contempt proceedings.
Final Decision: The contempt petition was dismissed.
R.A. Misra, J.
1. SRI S. C. Pagaare has moved this petition under Section 2 (b) read with Section 12 of the Contempt of Courts Act with the prayer that the proceedings for civil contempt be initiated against the respondents and they be punished for having wilfully disobyed the interim injunction order passed by Munsif, Jhansi on 31st August, 1985 in Suit No. 561 of 1985.
2. THIS Court on 5th of December, 1985 issued the notices to respondent no. 2 Sri P. K. Vasudeva, Senior Regional Manager, Food Corporation of India to show cause why he not be punished for having committed civil contempt and observed that no case of civil contempt is made out against respondents 1 and 3 and has rejected the petition against respondents 1 and 3. The present petition, therefore, survives only against respondent no. 2. The facts which have given rise to this petition are briefly put as below :- Sri S. C. Pagaare, joined Food Corporation of India at Bombay in the year 1958 as Assistant Grade-Ill. Subsequently he was promoted as Assistant Grade-II and after completing five years as A.G.-II he was selected and promoted as Assistant Manager (G) in the year 1969. He was elevated to the post of Deputy Manager in the year 1983 in the pay scale of Rs. 1100-50-1600 against a substantive post. He was to be automatically confirmed as Deputy Manager after completing probation period of one year. His probation period expired on 23rd of August, 1984. It was not extended and so he stands automatically confirmed by the operation of law, statutes and circulars. The Manager (per Estt.) acting for Managing Director reverted Sri Pagaare to the post of Assistant Manager (G) with effect from 26th of August, 1985 after-noon in terms of regulation 15 (3) of the F.C.I. (Staff) Regulation, vide his letter no. PF/P-233/E.I. 963 dated 26-8-1985. Sri Pagaare came to know about the order of his reversion at Jhansi on 30th of August, 1983. He, therefore, on the aforesaid allegation filed suit no. 561 of 1985 in the court of Munsif Jhansi on 31st of August, 1985 praying following four reliefs :-
"1.That it be declared that the arbitrary reversion of the plaintiff from the present post of Deputy Manager (General) grade Rs. 1100-1600 to the lower post of Assistant Manager (General) Rs. 650-1200 is quite illegal and unwarranted, ultravires and against the principle of natural justice.
2. That a decree of permanent injunction be passed in favour of the plaintiff against the defendant restraining the latter from interfering in the working of the plaintiff as District Manager FCI Jhansi or Deputy Manager (General) except after giving him sufficient opportunity of being heard and in accordance with the FCI regulations and further the defendant should be restrained from acting and giving effect to the impugned order of reversion.
3. That any other relief as deemed necessary in the hands of justice be also granted in favour of plaintiff against the defendant".
On the same day be moved an application (11-C) for stay obviously under Order 39 CPC to restrain the defendants from interfering in his working as District Manager (G), Jhansi or drawal of his salary as such or giving effect to the impugned order of reversion except otherwise than in accordance with the regulation of the Corporation. The learned Munsif was pleased to pass the following order on the same day :-
"Since the papers on record reveal that the plaintiff has been working on the post of District Manager (G) since 24-8-1983 and two years have passed, according to Staff Regulation 1971 of F. C. New Delhi. Rule 15 relates to the probation. In Rule 15 (4) it is laid down that an employee who has satisfactorily completed his probation in any post, shall, thereafter, be confirmed. In paragraph 5 of the affidavit (12-C) the plaintiff has adopted the whole plaint on oath. In paragraph 21 of the complaint has stated that on 23rd of August, 1985 he has completed 2 years of probation. Hence now he is protected by Rule 15 (4) of
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