Dismissed

Vijay Pal Singh v. Sri Nitin Ramesh Gokarn, Prin.Secy. Deptt. Housing and Urban Planning Govt. U.P. Civil Secrt. Lko.

Allahabad HC21 Oct 2022/1278/2022

Case brief

AI extract

What is this about?

The High Court dismissed a contempt application alleging non-compliance with a writ order regarding the applicant's promotion. The Court held that notional promotion was accorded and further steps were pending due to a one-month delay granted by the Supreme Court while disciplinary proceedings were pending, negating deliberate disobedience.

What did the court decide?

Contempt application dismissed as no contempt is made out given the time extension from the Supreme Court.

Vijay Pal Singh Vs Sri Nitin Ramesh… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 21

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Reserved

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1278 of 2022

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Applicant :- Vijay Pal Singh

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Opposite Party :- Sri Nitin Ramesh Gokarn, Prin.Secy. Deptt. Housing And Urban Planning Govt. U.P. Civil Secrt. Lko. Counsel for Applicant :- Mahendra Pratap Singh Counsel for Opposite Party :- Mayankar

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Hon'ble Rajeev Singh,J.

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1. Heard Shri M.P. Singh, learned counsel for the applicant and Shri Upendra Mishra, Senior Advocate assisted by Shri Neel Kamal Mishra, learned counsel for the opposite party.

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2. The present contempt application is filed with the averments that the order dated 06.04.2022 passed in Writ-A No.1287 of 2022 (Vijay Pal Singh vs. State of U.P. through Principal Secretary Department of Housing and Urban Planning, Lucknow) has not been complied with.

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3. As the affidavits are exchanged in between the parties.

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4. Learned counsel for the applicant submits that a direction was given by the Writ Court to opposite party to consider the case of the applicant for promotion on the post of Assistant Engineer, Civil from the date a person junior to him had been considered and if he is found fit and suitable for such promotion, then be promoted to the said post, if the occasion so arises, he shall be considered for further promotion to the post of Executive Engineer, Civil and on the same condition to the next higher post, from the date of his juniors, namely, Rajendra Prasad Dwivedi and Siraj Ahmad have been promoted. This exercise shall be completed within the next two months.

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5. Learned counsel for the applicant submits that in place of complying the order of Writ Court within time, the authorities issued charge-sheet, dated 06.08.2022 to the applicant for

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certain charges related to his work for the year of 2018 and only part of the order of Writ Court is compiled with giving promotion as Assistant Engineer w.e.f. 18.01.1995 notionally, therefore, respondent must be punished for wilful disobedience of order.

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6 . Shri Upender Mishra, learned counsel for the opposite party submits that as the charge-sheet has been issued to the applicant along with other officials on 06.08.2022 for their work of the year 2018 and in compliance of the order of writ Court, he has been promoted notionally on the post of Assistant Engineer since 1995 and all the exercise related to fixation of pay scale has been done and a supernumerary post of Executive Engineer is created and his case has been considered in the D.P.C. and same is kept in sealed cover. After completion of disciplinary proceeding, the case of the applicant for further promotion on the post of Superintending Engineer will also be considered, if he will be suitable. He further submits that order of Writ Court has been complied with within time as Special Leave Petition (Civil) Diary No.21802 of 2022 was filed against the order of writ Court and the same was disposed of by the Hon'ble Supreme Court on 10.08.2022 and one month further time was granted for compliance of the direction, therefore, no deliberate contempt was committed by the opposite parties.

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7. Considering the arguments of learned counsel for the applicant, learned counsel for the respondent and going through the pleadings of the petition, it is undisputed fact that the notional promotion as Assistant Engineer is given to the applicant w.e.f. 18.01.1995. As for his work of the year 2018, charge-sheet was issued and disciplinary proceeding is going on, but his case for promotion on the post of Executive Engineer was considered after creating supernumerary post and the result of DPC in kept in seal cover subject to decision of

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disciplinary proceedings, thereafter, his case will be considered for next promotional post. As one month further time was granted by the Hon'ble Supreme Court, vide order dated 10.08.2022, therefore, this Court is of the view that no contempt is made out.

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8. Accordingly, the contempt application is dismissed.

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9. However, it is expected from the competent authority to conclude the disciplinary proceeding as discussed above, expeditiously and pass final order, in accordance with law.

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Order Date :- 21.10.2022 Amit/-

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Digitally signed by AMIT KUMAR Date: 2022.10.21 18:17:18 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vijay Pal Singh v. Sri Nitin Ramesh Gokarn, Prin.Secy. Deptt. Housing and Urban Planning Govt. U.P. Civil Secrt. Lko.

Case brief

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What did the court decide?

Vijay Pal Singh v. Sri Nitin Ramesh Gokarn, Prin.Secy. Deptt. Housing and Urban Planning Govt. U.P. Civil Secrt. Lko.

Case brief

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What did the court decide?

What the court decided

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