Dismissed
Vp Agarwal v. Arun Kumar Jain
Delhi HCCONT.APP.(C)/11/2011
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THE HIGH COURT OF DELHI AT NEW DELHI +…
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under sectioni 1 and 12 of the Contempt of Court Act, 1971. It is this order which is sought to be assailed in the appeal.
We may notice that during the pendency of the appeal, the appointment letter has been issued to the respondent and learned senior counsel for the appellant on instructions states that the said letter is not sought to be withdrawn.
It is the submission of the learned counsel for the appellant that a category of people were not being issued the appointment letters who had made a grievance and in pursuance to the directions passed in the writ petition, the vacancies were sought to be filled from among those who were eligible. However, in view of the reservation for SC, ST and persons with disabilities, the appointment letters in the general categories were issued as per the number of vacancies then existing. No appointment letter was issued to the respondent as at that time there was no vacancy existing for general candidates.
We are inclined to accept the aforesaid explanation and as noticed above, the respondent has already got the relief as prayed for. We may, however, add that the appropriate course of action for the appellant was to approach the learned Judge who had passed the order on writ petition explaining this position and the failure to do so has actually resulted in the contempt proceedings.
The impugned order is accordingly set aside and the appeal is allowed leaving the parties to bear their own costs. The contempt notice stands discharged.
CM NO.15471/2011 (Stay)
In view of the final disposal of the appeal, the application does not survive for consideration.
CONT.APP.(C) I 1/2011
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The application stands disposed of.
SANJAY KISHAN KAUL,J
LJJJL
RAJV SHAKDHER, J
DECEMBER 079 2011
yg
CONT.APP.(C) 11/2011
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k
1 provisions across 1 enactments
Sanjay Kishan Kaul
Rajiv Shakyar
As recorded by the court registry
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