In this contempt case, the petitioner challenged respondents for non-consideration of his application for promotion despite court orders. The respondents stated inaction on vacancies. The court held no orders were necessary at that stage and closed the case.
The contempt case was closed with no orders passed and no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Contempt Case No. 973 of 2011
DATED: 14.11.2012
Between: MVK Mohan Rao
… Petitioner
And
Mr. Anurag, Divisional Railway Manager, South Central Railway, Vijayawada division, Vijayawada, Krishna District And another
… Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
CONTEMPT CASE NO. 973 OF 2011
JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This contempt case is filed by the petitioner to punish the respondents for willful and deliberate disobedience of the order of this Court, dated 25.04.2011 passed in WPMP No.13893 of 2011 in W.P.No.11334 of 2011, wherein this court granted an interim direction to the respondents to consider the petitioners for appointment as Junior Loco Inspector/Chief Loco Inspector based on their performance in the selections conducted by the Railway Administration in pursuance to the Notification, dated 02.05.2008 in the existing vacancies, pending W.P.No.11334 of 2011.
Heard both the learned counsel appearing for the parties. The learned counsel appearing for the petitioner submitted that in spite of the orders of this court, the respondents are not considering the case of the petitioner for promotion to the post of Junior Loco Inspector/ Chief Loco Inspector in the existing vacancies, even though the vacancies are available. The learned counsel further submitted that in stead of considering the entitlement of the petitioner, the respondents are resorting to fresh recruitment, thereby the respondents are flouting the orders of this Court.
At the time of hearing, it is also submitted by the learned counsel
appearing for the respondents that at present the respondentsauthorities are not taking any further steps in the matter for filling up the vacancies.
In view of the said submission made by the learned counsel appearing for the respondents, no orders need be passed by this court in this contempt case, at this stage.
Accordingly, the contempt case is closed. No costs.
__________________________ PINAKI CHANDRA GHOSE, ACJ
VILAS V. AFZULPURKAR, J 14.11.2012 kv
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Contempt Case No.973 OF 2011
___________________________________________________ (Judgment of the Division Bench delivered by the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
14 .11.2012
1 issue framed by the court
Whether to punish respondents for disobedience of interim orders regarding job appointments.
MVK Mohan Rao
Mr. Anurag
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
