Delhi High Court - Orders
Sunil Kumar vs Union Of India & Ors on 8 August, 2025
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 286/2020 and CM APPL. Nos. 48652/2025 and
48654/2025
SUNIL KUMAR .....Petitioner
Through: Mr. Chinmoy Pradeep Sharma, Senior
Advocate with Ms. Usha Pandey, Advocate.
versus
UNION OF INDIA & ORS .....Respondents
Through: Ms. Avshreya Pratap Singh Rudy,
Senior Panel Counsel with Ms. Usha Jamnal and
Ms. Harshita Chaturvedi, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 08.08.2025 CM APPL. 48653/2025
1. The present application has been filed by petitioner seeking following reliefs:
"a) Stay the operation, implementation, and/or execution of the office orders dated 05.08.2025 & 06.08.2025 issued by the contemnors/respondents, during the pendency of the contempt petitions;
b) Restrain the contemnors/respondents from taking any coercive action against the petitioner, either directly or indirectly, during the pendency of the contempt proceedings"
2. Mr. Chinmoy Pradeep Sharma, learned counsel appearing on behalf of petitioner has invited attention of the Court to the order dated 15.10.2018 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:38:53 passed in W.P.(C) 940/2016 wherein this Court had given the following directions:
"8. It is evident from a bare reading of the order of combatization that even while being general - in its operation, all the posts were converted from civil establishment to combatized posts. It applied particularly having regard to the option given by individual officers and employees. This distinction had to be kept in mind by SSB and for that even other employees were placed in a similar situation. Once an employee or officer is given an option and he chooses it, its logical consequences would have to be followed. SSB stated position is that it does not have a noncombatized medical cadre. This would mean that those officers who did not opt for combatization had to be posted elsewhere - possibly even outside SSB. The judgments of the Kolkata and Allahabad High Courts precisely directed that i.e. posting of noncombaitzed personnels outside of SSB by the Central Government. In these circumstances, given that the respondent is a Central Government employee and not subject to the discipline of SSB Act - inasmuch as he does not hold the combatized post, he cannot be compelled to join in one such and discharge functions of those similar to other non-combatized respondent who is now holding the post of Chief Medical Officer [Non-Functional Selection Grade (NFSG)] in JW School, Sashastra Seema Bal, Gwaldam (Uttarakhand). Such order shall be made within eight weeks from today.
9. The writ petition is dismissed but in the above terms."
3. He submits that the above noted directions contained in order dated 15.10.2018 were not complied with, which led to the filing of the present contempt petition. However, during the pendency of the present contempt petition, orders dated 05.08.2025 and 06.08.2025 have been issued transferring petitioner from SSB Headquarters, Delhi to RTC Supaul, Bihar, which according to Mr. Sharma are also in teeth of the aforesaid judgment This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:38:53 dated 15.10.2018, the wilful disobedience of which has been alleged in the present petition.
4. In view of above, issue notice.
5. Ms. Avshreya Pratap Singh Rudy, learned Senior Panel Counsel appearing on behalf of respondent accepts notice. She, on instructions, submits that petitioner has already been relieved.
6. However, having regard to the submissions articulated by Mr. Sharma, this Court is of the view that application requires consideration.
7. Let reply to the application be filed before the next date of hearing.
8. In the meanwhile, it is directed that the orders mentioned in the application as well as any subsequent order passed relieving the petitioner shall not be given effect to.
9. Re-notify on 26.08.2025 as item no.1.
VIKAS MAHAJAN, J AUGUST 8, 2025/jg This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 22:38:53