Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3017 of 2018 Applicant :- Sanjeev Kumar Opposite Party :- Amrit Tripathi, D/M Counsel for Applicant :- Durga Prasad Singh Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
The sole ground on which this petition is pressed is that the applicant has not been reinstated. The Court notes that the learned Judge while disposing of the petition had provided for conclusion of the disciplinary proceedings in question. The Court further noticed that during the pendency of the disciplinary proceedings the applicant had already been transferred and therefore it was in that backdrop that it had observed that he may be reinstated subject to the outcome of the enquiry proceedings. However, from the assertions made in this petition, the Court notes that there is no assertion that pursuant to the order of transfer the applicant had joined the post. Learned counsel for the applicant also candidly admits that the applicant has till date not joined the place of posting.
In the absence of compliance with the order of transfer, the Court finds no wilful or deliberate disobedience in the respondents failing to reinstate the applicant.
The petition is dismissed.
Order Date :- 29.5.2018 Arun K. Singh