KRISHAN CHANDER Vs. SHIV SHANKAR MENON AND ANR.

JUDGEMENT

(1.) THE petitioner has filed the present contempt petition alleging non -compliance of the order dated 21st August, 2007 passed by the Division Bench of this Court whereby the Division Bench upheld an order dated 20th October, 2005 passed by Central Administrative Tribunal (CAT) but gave liberty to the respondent to take a fresh view in the matter after supplying a copy of the recommendations of UPSC to respondent (petitioner herein) and giving adequate opportunity to him to respond to the same.

(2.) The respondent preferred a Special Leave Petition against the order passed by Division Bench of this Court which was admitted, however, no stay of the operation of the order of this Court was granted. Thereafter, respondent recalled the order of retirement of the petitioner and issued an order dated 16th April, 2008 wherein it was stated that the order dated 12th April, 2005 regarding compulsory retirement of the petitioner was being set aside. However, the petitioner in terms of provisions of Section 10(4) CCS(CCR) Rules, 1965 was placed under suspension, after his reinstatement, in view of the charges proved against him and in view of the fact that disciplinary authority was yet to consider the action against him in terms of order passed by this Court.

(3.) IT is submitted by counsel for petitioner that he could not have been suspended and he was not only supposed to be reinstated but given the duty under the orders of CAT and the penalty as suggested by CAT could only have been imposed.