Comdt Raj Kumar Arora Vs Shri Govind Mohan & Anr. — Contempt of Court | Delhi HC (2025)

Comdt Raj Kumar Arora Vs Shri Govind Mohan & Anr. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Dismissal as withdrawn with leave and liberty to revive the petition subject to the outcome of SLP (Civil) Diary No. 37490/2025; pending application(s), if any, disposed of. No adjudication on the contempt allegations.

Issue for consideration

Whether the contempt petition seeking punishment of the contemnors for wilful non-compliance of the order dated 19.03.2025 in W.P.(C) 8005/2020 should proceed, in light of the Supreme Court's order dated 18.08.2025 in SLP (Civil) Diary No. 37490/2025 (notice issued; status quo regarding the seniority list issued on 24.08.2004); the petitioner in consequence sought leave to withdraw with liberty to revive subject to the SLP outcome.

Court's answer

Leave and liberty granted to the petitioner to withdraw the present contempt petition, with liberty to revive the same subject to the outcome of SLP (Civil) Diary No. 37490/2025.

Ratio / Principle

The present petition is dismissed as withdrawn and disposed of accordingly.

Key takeaways

Pending application(s), if any, also stand disposed of.ratio¶26

Detailed headnote1 paragraphs

Contempt petition (CONT.CAS(C) 1103/2025, High Court of Delhi, Amit Sharma, J., order dated 06.11.2025) by COMDT Raj Kumar Arora under Article 215 of the Constitution of India, 1950 read with Section 12 of the Contempt of Courts Act, 1971, seeking coercive steps against the respondents, Shri Govind Mohan & Anr., for non-compliance of the Division Bench judgment dated 19.03.2025 in W.P.(C)s 8005/2020 & 7007/2020 ('Comdt. Raj Kumar Arora & Anr. v. Union of India & Anr.'), whereby the petitioners were held entitled to notional re-fixation of seniority at par with their batch mates alongside those who joined the BSF through SSB (CPO-91), without disturbing the seniority of Om Prakash Sharma, with consequential benefits. Learned Special Panel Counsel for the respondents pointed out that by order dated 18.08.2025 in SLP (Civil) Diary No. 37490/2025, preferred by the affected persons against that judgment, the Hon'ble Supreme Court allowed the application for permission to file, issued notice, and directed status quo regarding the seniority list issued on 24.08.2004. In view thereof, the Court granted the petitioner's prayer to withdraw the petition with liberty to revive it subject to the outcome of the SLP; the petition was dismissed as withdrawn and disposed of, pending applications, if any, also standing disposed of. The Court made no adjudication on the contempt allegations.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 1103/2025

COMDT RAJ KUMAR ARORA .....Petitioner

Through: Mr. Shivanshu Bhardwaj, Mr. Asheesh Bhardwaj and Mr. Himanshu Bhardwaj, Advocates.

versus

SHRI GOVIND MOHAN & ANR. .....Respondents Through: Ms. Shagun Shahi Chugh, SPC with Ms. Nandita Mishra, Advocate for BSF/UOI.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 06.11.2025

This hearing has been done through hybrid mode.

The present petition under Article 215 of the Constitution of India, 1950, read with Section 12 of the Contempt of Courts Act, 1971, seeks the following prayers: -

“a. Take such coercive steps as required, including punishing the contemnors, to ensure the compliance of the order dated 19.03.2025 (Annexure C-1) passed in W.P.(C) 8005/2020; and/or b. Initiate contempt proceedings against the contemnors for their wilful disobedience of the order dated 19.03.2025 passed in W.P.(C) 8005/2020, as they have failed to take any requisite steps for the compliance of the said order; and/or

To pass such other and further order, which this Hon’ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”

Learned counsel for the petitioner submits that vide judgment dated 19.03.2025 passed in W.P.(C)s 8005/2020 & 7007/2020, titled as, Comdt. Raj

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/11/2025 at 15:10:22

Kumar Arora & Anr. v. Union of India & Anr.”, the learned Division Bench of this Court had passed the following directions: -

“42. Therefore, we hold that the petitioners are entitled to have their seniority notionally re-fixed, placing them at par with their batch mates from the 16” batch. We therefore, direct the respondents to notionally re-fix the seniority of the petitioners only, in accordance with their merit position, alongside those who joined the BSF through SSB (CPO-91), without disturbing the seniority of Om Prakash Sharma. The petitioners are also entitled to all consequential benefits.”

Learned Special Panel Counsel for the respondents submits that vide order dated 18.08.2025 in SLP (Civil) Diary No. 37490/2025 against the aforesaid judgment dated 19.03.2025 preferred by the affected persons, following order has been passed by the Hon’ble Supreme Court: -

“Application for permission to file the petition is allowed. Issue notice to the respondents.

Status quo regarding seniority list issued on 24.08.2004.”

In view of the above, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to revive the same subject to the outcome of the aforesaid SLP.

Leave and liberty granted.

The present petition is dismissed as withdrawn and disposed of accordingly.

Pending application(s), if any, also stands disposed of.

AMIT SHARMA, J

NOVEMBER 6, 2025/bsr

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/11/2025 at 15:10:22