PARVEEN KUMAR Vs. NAVIN KUMAR

JUDGEMENT

(1.) THE petitioner/applicant has invoked the Civil contempt jurisdiction of this Court by the above noted petition on account of alleged disobedience of the order dated 23rd December, 2010 passed by this Court in WP(C) No. 8619/2010 titled as ,,Praveen Kumar Vs. UOI and Ors.

(2.) THE petitioner has filed the writ petition under Article 226 of the Constitution of India for quashing the order dated 13th December, 2010 passed by the Central Administrative Tribunal, Principal Bench in OA No. 3160/2010 holding that there was no illegality, infirmity or perversity in the orders of transfer issued on administrative grounds/public interest, and that the transfer order cannot be interfered with except if the orders are issued by an incompetent authority, which was found not to be the case in the present matter of the petitioner and therefore the Original application filed by the petitioner was dismissed and the interim order passed by the Tribunal was vacated.

(3.) ALONG with the contempt petition, the petitioner has filed a copy of the letter dated 30th December, 2010 stating that the petitioner had been relieved from his office through PIMS on 14th December, 2010 afternoon and office order of even no. 2780 dated 14th December, 2010 was passed stipulating that the petitioner is no more on the pay roll of the office, which order was given to the petitioner on 14th December, 2010 and he was instructed to hand over the charge to Mr. F.C.Tyagi, Assistant Engineer (E)-P, Karnal Central Electrical Division and sign the TR-1 Form. The said letter categorically stipulated that on 14th December, 2010, the petitioner refused to sign the TR-1 Form and committed to sign the TR-1 Form on 15th December, 2010 but he did not sign the same later on and rather filed the writ petition. The letter further states that despite the reminder bearing even No. 2789 dated 15th December, 2010 and reminder bearing even No. 2804 dated 18th December, 2010, and finally the reminder bearing even no. 2819 dated 27th December 2010 given to the petitioner, he did not sign form TR-1. The relevant portion of the letter dated 30th December, 2010, a copy of which is also filed by the petitioner is as under:-