Madhya Pradesh High Court
D.N. Jatav vs S.B.Sharma on 16 November, 2016
Contempt Appeal No.1/2016
16.11.2016
Shri M.P.S. Raghuvanshi, counsel for the
appellant.
Heard on admission and I.A.No.4870/2016, an
application for grant of stay.
Learned counsel for the appellant submits that
initially the respondent No.1 has filed a Writ Petition
No.3264/2015 and to stay his transfer order.
Vide order dated 1.6.2015, the writ court has directed that the operation and effect of the transfer order shall remain stayed till subsistence of interim relief granted in W.P.No.7601/2015 vide order dated 21.05.2015. Thereafter, the respondent No.1 has moved a contempt petition stating that interim order was not followed and, therefore, the appellant was punished in the contempt petition.
It would be apparent that with contempt petition, the respondent No.1 has filed a letter Annexure A in which it was mentioned that in consequence of order dated 1.6.2015, he appeared before the office of Assistant Engineer, PHE Bhind so that his joining report dated 3.6.2015 be accepted which clearly indicate that on 1.6.2015 the respondent No.1 was already relieved and by that stay order he could not be permitted to join. Hence, against the order of contempt petition, the appeal filed by the appellant is arguable.
On the basis of aforesaid submissions, the appeal is admitted for final hearing. However, it would be appropriate to hear the respondent No.1 before Contempt Appeal No.1/2016 consideration of I.A.No.4870/2016.
Let notice of this application be issued to the respondent No.1. Returnable within three weeks by ordinary as well as RAD mode. PF within a week.
Case be again listed after service of notice to the respondent No.1.
(N.K. Gupta) (G.S. Ahluwalia)
Judge Judge
(ra)