Contempt application dismissed as no willful disobedience found. Bench observed directions were misinterpreted and subsequent orders addressed only withdrawal of additional charge, not violation of original transfer order.
Contempt application dismissed; no executable relief granted.
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Neutral Citation No. - 2024:AHC:173599
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6688 of 2024
Applicant :- Samit Kumar Bhattacharya Opposite Party :- Shri Anil Ahuja Counsel for Applicant :- Prabhakar Awasthi,Sarthak Ahuja
Hon'ble Salil Kumar Rai,J.
In pursuance to the previous order passed by this Court, Shri Manoj Kumar Srivastava, Advocate, has obtained instructions from the opposite party and has handed over a copy of the same to the Court, which is taken on record.
The present contempt application has been filed pleading willful disobedience of the order dated 5.12.2019 passed by this Court in Writ-A No. 16454 of 2019.
In Writ-A No. 16454 of 2019, the applicant had challenged the order transferring him from District-Prayagraj to DistrictFatehpur.
While entertaining the writ petition, this Court vide its order dated 5.12.2019 directed that the petitioner shall not be compelled to join at the transfer place, provided he had not already joined.
It is the case of the applicant that the applicant was subsequently recalled at District-Prayagraj vide office circular dated 3.7.2020 issued by the Superintendent, Purvanchal Vidyut Vitran Nigam Limited, Vidyut Nagriya Vitran Mandal-II, Prayagraj (hereinafter referred to as, 'PVVNL), but has again been subsequently asked to join at District-Fatehpur vide order dated 4.10.2024 passed by the Executive Engineer, i.e., the opposite party.
On the aforesaid facts, the applicant pleads that the opposite party has disobeyed the order passed by this Court and has, therefore, committed contempt of this Court for which is liable to be prosecuted and punished.
The instructions handed over to the Court by the counsel for the opposite party shows that the petitioner-applicant had joined at District-Fatehpur before the order dated 5.12.2019 passed by this Court. Subsequently, by order dated 30.6.2020 passed by this Chief Engineer (Distribution), PVVNL, the applicant was given additional charge at District-Prayagraj.
By order dated 4.10.2024, the additional charge given to the
applicant, vide order dated 30.6.2020, has been withdrawn and the applicant has been asked to remain at DistrictFatehpur.
The office circular dated 3.7.2020 issued by the Superintendent, PVVNL and referred by the applicant also notice that the applicant was merely given an additional charge at District-Prayagraj and was not recalled at DistrictPrayagraj.
The recital in the order dated 4.10.2024 passed by the opposite party that the applicant shall join his post at DistrictFatehpur appears to be a mere error which does not change the position of the applicant.
It is the admitted case of the applicant that the applicant had joined at District-Fatehpur in pursuance to the original transfer order before the order dated 5.12.2019 was passed by this Court.
In view of the aforesaid, no disobedience of the order passed by this Court can be imputed to the opposite party.
The contempt application is dismissed.
The applicant has the remedy to challenge the subsequent orders especially the order dated 4.10.2024 passed by the opposite party on merits before appropriate forum.
Order Date :- 6.11.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the opposite party committed willful disobedience of the court order by directing the applicant to a different location.
Whether the impugned transfer order constitutes contempt of the earlier judgment restraining transfer.
Samit Kumar Bhattacharya
Shri Anil Ahuja
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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