Uttarakhand High Court
Balraj Singh Negi vs Rakesh Sharma Principal Secretary on 9 March, 2015
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Urgency Application No. 1172 of 2015
In
Contempt Application No. 169 of 2013
Balraj Singh Negi. .....Applicant.
Versus
Rakesh Sharma, Principal Secretary,
Training and Technical Education. ...... Opposite Party.
Present:
Mr. M.C. Pant, Advocate for the applicant.
Mr. Subhash Upadhyay, CSC for State of Uttarakhand/ opposite party.
Hon'ble Alok Singh, J (Oral)
Admittedly, vide order dated 11.12.2012, Division Bench of this Court was pleased to dispose of Special Appeal No. 258 of 2012 (Balraj Singh Negi Vs. State of Uttarakhand) in the following terms:
"4. The appeal is, accordingly, allowed. The judgment and order under appeal is set aside and the writ petition is disposed of by directing the State Government to pay the difference of the remuneration to the appellant within three months from today and to continue to pay remuneration to him in accordance with the directions contained in the said letter dated 30th December, 2008, until such time, appellant continues to discharge duties as a contract faculty."
When payment was not released within the time, stipulated by the Court, applicant was forced to file present contempt application. During the pendency of the contempt application, a review application was filed by the State Government, which too was dismissed on 25.04.2014. When contempt application was taken up for hearing on 12.12.2014, a 2 statement was made by Mr. Subhash Upadhyay, learned Chief Standing Counsel for State of Uttarakhand that compliance affidavit would be filed within a week. This Court permitted the learned Chief Standing Counsel to file compliance affidavit within a week and issued direction that if compliance affidavit is not filed within a week, Mr. Rakesh Sharma, Principal Secretary, Training and Technical Education, shall remain present, in person, before this Court on 22.12.2014, to show cause as to why charges may not be framed against him.
However, despite order dated 12.12.2014, neither compliance was made nor compliance affidavit was filed within a week. Contempt application was again taken up on 22.12.2014. On 22.12.2014, Mr. Subhash Upadhyay, learned Chief Standing Counsel for State of Uttarakhand undertook that Mr. Rakesh Sharma, Principal Secretary, Training and Technical Education would remain present, in person, on 09.01.2015. Meanwhile, SLP (Civil) Nos. 28552-28553 of 2014 were preferred by State of Uttarakhand assailing the judgment & order dated 11.12.2012 as well as order dated 25.04.2014 passed in review application.
SLP was taken up for preliminary hearing on 08.01.2015 by the Hon'ble Apex Court and the Hon'ble Apex Court was pleased to pass following order:
"Taken on board.
At this stage, the learned Advocate General appearing for the State of Uttarakhand submits that the impugned order shall be complied with within four weeks from today without prejudices to the contentions raised by the petitioners in the present proceedings.3
In view of his statement, the contempt proceedings initiated before the High Court are stayed."
When contempt application was taken up on the date fixed i.e. on 09.01.2015, order passed by the Hon'ble Apex Court was brought into the notice of this Court, therefore, this Court was pleased to adjourn the case sine die awaiting the decision in SLP. Undisputedly, SLP, so filed, came to be dismissed on 23.02.2015.
It is important to mention here that despite undertaking given before Hon'ble Apex Court on 08.01.2015 that order passed by Division Bench would be complied with within four weeks, order has not been complied, as yet. It seems that Principal Secretary, Training and Technical Education, Uttarakhand is intentionally sitting over the matter and is not making compliance of the order passed by Hon'ble Apex Court and this Court. Prima facie, it is deliberate non compliance of the order.
Mr. Subhash Upadhyay, learned Chief Standing Counsel for State of Uttarakhand, submits that Mr. Rakesh Sharma is no more working as Principal Secretary, Training and Technical Education, Uttarakhand with effect from 20.10.2014 and now, Mr. R.K. Sudhanshu, is the Principal Secretary, Training and Technical Education, Uttarakhand Mr. Rakesh Sharma, the then, Principal Secretary, Training and Technical Education, Uttarakhand and Mr. R.K. Sudhanshu, Principal Secretary, Training and Technical Education, Uttarakhand shall remain present, in person, before this Court on 16.03.2015 to clarify as to why, they could not make compliance of the order passed by Division Bench of this 4 Court as well as undertaking furnished before Hon'ble Apex Court, within the stipulated time, during their tenure.
List on 16.03.2015 Urgency application no. 1172 of 2015 stands disposed of.
(Alok Singh, J.) 09.03.2015 SKS 5