Present contempt petition has been filed for non-compliance of interim order dated 24.10.2019 passed in Writ Petition Service Single No.29836 of 2019 whereby it is provided that in case the petitioner was given the charge being the senior most lecturer of the College, he shall not be relieved in pursuance of the impugned order dated 15.10.2019.
Learned counsel for the petitioner has submitted that the petitioner was working as officiating Principal of the College since 18.08.2015 and when Sri Jeetendra Yadav has been appointed as Principal of the College, he challenged the same before this Hon'ble Court and this Hon'ble Court has been pleased to provide that in case the petitioner was given the charge being the senior most lecturer of the College, he shall not be relieved in pursuance of the impugned order dated 15.10.2019.
Learned counsel for the petitioner also submitted that after serving the copy of the order passed by this Hon'ble Court, he was discharging his duties and surprisingly on 30.10.2019, the respondent no.3 came and shouted at the petitioner and physically and forcibly ousted the petitioner from his chair and sat on that chair. It has also been submitted that inspite of the order passed by this Hon'ble Court, the opposite parties are flouting the orders passed by this Hon'ble Court as the petitioner has been ousted from his office. Therefore, the respondents are liable to be punished under the contempt of courts Act.
Learned Additional Advocate General appearing on behalf of the respondents has submitted that the petitioner has been relieved from the post of officiating principal in pursuance to order dated 15.10.2019 and the new incumbent Sri Jitendra Yadav has taken over the charge on 16.10.2019. Learned Additional Advocate General has placed on record two orders, which are taken on record wherein it has been stated the the new incumbent has taken over the charge of the Principal of the Sports College.
The Additional Advocate General further submitted that in view of the facts as stated above, the opposite parties have not flouted the order or direction of the writ court.
There are no ground available in the present contempt petition for initiation of the contempt proceedings against the opposite parties and therefore, the contempt petition may be dismissed being devoid of merit.
I have heard learned counsels appearing on behalf of the parties and perused the record.
I have perused the direction of the writ court as well as the two orders passed by the authorities, which have been taken on record. Since the petitioner has been relieved in pursuance to order dated 15.10.2019 and the new incumbent has taken over the charge, there is no violation of the interim order dated 24.10.2019 passed by this Court.
I do not find any cogent reason to initiate the contempt proceedings against the opposite parties.
Accordingly, the contempt petition is dismissed.
Order Date :- 19.12.2019 VNP/-