Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7367 of 2019 Applicant :- Ashish Kumar Opposite Party :- Mr. Amit Kumar, Additional Director General Logistic U.P. And Another Counsel for Applicant :- Namit Kumar Sharma
Hon'ble Suneet Kumar,J.
Applicant, a constable, came to be transferred on 14 August 2019. The writ Court vide order dated 30 September 2019 stayed the transfer order, thereafter, subsequent order was passed on 17 October 2019. The order reads thus:
"Since the petitioner's claim for being absorbed in the logistics wing as a distinct and separate unit is engaging attention of the State Government pursuant to direction issued by this Court in Writ Petition No. 8773 of 2019 on 15.10.2019, it would be appropriate to provide that the petitioner shall be medically examined afresh and if he is found fit, he shall be allowed to continue and would not be repatriated to P.A.C.."
Shri P.K. Giri, learned Additional Chief Standing Counsel, on instructions, submits that despite several letters issued to the applicant, applicant is not reporting for duty and neither is prepared to get himself medically examined. In the meantime, State Government vide order dated 4 December 2019 has declined to create any post.
On specific query, learned counsel for the applicant admits that the order dated 4 December 2019 has not been assailed by the applicant.
Learned counsel for the applicant failed to point out any wilful or deliberate disobedience of the writ court order on the part of the opposite party.
In view thereof, contempt petition is consigned to record. Notice, if any, stands discharged.
Order Date :- 17.12.2019 Mukesh Kr.