Disposed

Govind Ballabh Awasthi v. Vinay Kumar Bhargarv

Uttarakhand HC2 Mar 2022CLCON/62/2018

Case brief

AI extract

What is this about?

A contempt petition alleging wilful disobedience of an interim order regarding employment was disposed of. The court directed the petitioner to approach the Divisional Forest Officer with a representation and discharged the respondents.

What did the court decide?

Petitioner granted liberty to approach Divisional Forest Officer by representation; contempt notices issued but respondents discharged.

SL.
No

Date

Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures

COURT’S OR JUDGES’S ORDERS

CLCON No. 62 of 2018
Hon’ble Man oj Ku m ar Tiw ar i, J.

Mr. Chitrarth Kandpal, Advocate for
the petitioner.

Mr.
Prabhakar
Narayan,
Advocate,

holding brief of Mr. C.S. Rawat, Advocate
for respondent no. 1.
Mr. Sushil Vashistha, Standing Counsel
for the State of Uttarakhand.
Heard learned counsel for the parties.
This Contempt Petition is filed alleging
wilful disobedience of an interim order dated
07.10.2017, which provided as follows: -
“In the meantime, if work and post
is available anywhere in Pithoragarh
Forest Division, Petitioner shall be
permitted
to
continue
as
daily
wager.”
The
Divisional
Forest
Officer,

Pithoragarh Forest Division, subsequently,
passed an order on 11.05.2019, whereby
petitioner was offered engagement through
Safe Ensure Administrative Facilities Pvt.

Ltd., Almora, in the capacity of a Sweeper.

Learned counsel for the petitioner

submits that before filing writ petition,

petitioner
was
engaged
as
Computer

Operator,
directly
by
the
Forest

Department, therefore, the order passed by
Divisional Forest Officer on 11.05.2019,

engaging petitioner through an out	sourcing
agency, is against the spirit of the	interim
order passed by Writ Court. He	further
submits that when petitioner was	earlier
appointed as Computer Operator in	view of
his academic qualifications, then	offering
him appointment as Sweeper is als and in derogation of order passed	o unjust by Writ
Court.
Having regard to the fac	ts and
circumstances of the case, the C	ontempt
Petition is disposed of with lib	erty to
petitioner to approach the co	ncerned
Divisional Forest Officer, by ma representation. If petitioner representation to concerned D	king a makes ivisional
Officer within two weeks from	today,
decision on petitioner’s representati be taken within three weeks thereaft Contempt notices issue respondents are hereby discharged. ( Man oj Ku m ar Tiw 02.03.2022 Navin	on shall er. d to ar i, J.)

engaging petitioner through an out

sourcing

agency, is against the spirit of the

interim

order passed by Writ Court. He

further

submits that when petitioner was

earlier

appointed as Computer Operator in

view of

his academic qualifications, then

offering

him appointment as Sweeper is als
and in derogation of order passed

o unjust
by Writ

Court.

Having
regard
to
the
fac

ts
and

circumstances of the case, the C

ontempt

Petition is disposed of with lib

erty to

petitioner
to
approach
the
co

ncerned

Divisional
Forest
Officer,
by
ma
representation.
If
petitioner
representation
to
concerned
D

king
a
makes
ivisional

Officer
within
two
weeks
from

today,

decision on petitioner’s representati
be taken within three weeks thereaft
Contempt
notices
issue
respondents are hereby discharged.
( Man oj Ku m ar Tiw
02.03.2022
Navin

on shall
er.
d
to

ar i, J.)

Govind Ballabh Awasthi v. Vinay Kumar Bhargarv

Case brief

What is this about?

What did the court decide?

Govind Ballabh Awasthi v. Vinay Kumar Bhargarv

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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