Court No. - 50
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5351 of 2011 Applicant :- Karan Singh Opposite Party :- D.D. Mishra Deputy Inspector General Of Police And Another Counsel for Applicant :- Anil Bhushan,Arpan Srivastava Counsel for Opposite Party :- S.C.
Hon'ble Jayant Banerji,J.
Heard Sri Amit Kumar Srivastava holding brief of Sri Arpan Srivastava, learned counsel for the applicant.
This application has been filed alleging contempt of the judgement dated 13.4.2011, passed by this Court in Special Appeal no. 1566 of 2007.
This Court in the special appeal upheld the judgement of the learned Judge, whereby the applicant was held to be entitled to continue in service as a duly selected candidate. The judgement assailed in the special appeal was delivered on 22.11.2006 passed in Writ Petition No. 17608 of 2001 (Karan Singh Vs. Deputy Inspector General of Police(Fire Service) U.P. Lucknow). The operative part of the judgement pertaining to the applicant is as follows:-
"I have heard learned counsel for the petitioners. It is admitted in the counter affidavit that the petitioner Shri Karan Singh was not given any opportunity to show cause before his name was excluded from the select list. He was not informed with the reasons for his exclusion. He came to know of the reasons only when his representation was decided in pursuance of the directions in the writ petition filed in the Court. the order deciding his representation does not state as to how the mistake was detected and the person or the Committee, who made the enquiries into the matter. In the rejoinder affidavit filed by Shri Karan Singh it is stated that he was never informed of any such mistake nor any enquiry was conducted. He was not associated with any proceedings of enquiry and no notice whatsoever was given to him before excluding his name from the select list. Learned counsel submits that the petitioner could not be excluded from the list. At best his name should have slided down one step to be included in the waiting list. The respondents have not produced the records nor have stated anywhere in their reply that all the persons in the category of backward class had joined.
The rules of natural justice require that no one should be condemned unheard. Learned counsel for the petitioner states that the fact that Karan Singh touched the bar only 13 times in the physical endurance test was not reported to the petitioner either at the time of the test or at any time, thereafter. Infact he had completed the physical endurance test with success and has completed the training for appointment.
The order excluding Karan Singh suffers from violation of principle of natural justice. He may not have any right of appointment but once he was selected and sent for training, he had a right to be informed with reason of his exclusion from the select list. The respondents have not disclosed the entire facts to the Court. They have not shown as to who detected the mistake and the enquiries made before the appointing authority came to the conclusion that the Selection Board had committed a mistake. It is also nowhere stated as to what action was taken against the Chairman or members of Selection Board, who committed the mistake.
In the circumstances, the order dated 9.5.2001 rejecting the petitioner's representation cannot be sustained. the writ petition is, consequently, allowed. The petitioner Shri Karan Singh had already taken training of fireman and is awaiting joining. the order dated 1.4.2001 (Annexure- 8) to the writ petition passed by the Superintendent of Police, Kanpur Dehat and order dated 9.5.2001 passed by Deputy Inspector General of Police, Fire Service, U.P. Lucknow are set aside. The petitioner is declared to be selected as Fireman in the selections. He has successfully completed the training and is awaiting joining. the respondents shall allow him to join as Fireman with seniority in his own batch."
Therefore, the learned Judge has observed that the applicant Karan Singh had already taken training of Fireman and was awaiting joining. The applicant was declared as selected as Fireman, therefore, the respondents were directed to allow him to join as Fireman with seniority of his own batch.
It is contended by the learned counsel for the applicant that since after judgement in the special appeal, the applicant was not being permitted to join, the instant contempt application was filed. However, it is contended that after receipt of notice of the contempt proceedings, the opposite parties had proceeded to appoint the applicant in the year 2011 itself. The only allegation now, the counsel for the applicant states, which is in violation of judgement of the writ court, is that the back wages of the applicant are not being paid.
It has not been stated by the learned counsel for the applicant that the applicant was actually discharging any duties till the time he was appointed pursuant to the judgement of this Court in the aforesaid special appeal. There is no direction by the writ court for payment of any arrears of wages of the applicant.
Under such circumstances, no case for contempt is made out. In case the applicant seeks enforcement of any legal right, it is for him to approach the appropriate forum for redressal of his grievances.
This application is, accordingly, dismissed.
Order Date :- 31.5.2019 sfa/ (Jayant Banerji, J)