UOI Vs. SATISH NANDAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 17th August, 2007 passed in CP No. 220/2007 in OA 2611/2005 titled as Sh. Satish Nandan Vs. Secretary and Anr., Ministry of Finance, Department of Expenditure, holding that a prima facie case is made out for initiating action for contempt of the Court against the petitioner and listing the matter for further orders on 18th September, 2007.

(2.) Aggrieved by the said order, the petitioner filed the present petition and the order dated 17th August, 2007 was stayed by this Court in CM No. 13490/2007 by order dated 26th September, 2007 which order was made absolute by order dated 5th December, 2008 and Rule D.B. was also issued on that date.

(3.) Brief facts to comprehend the controversies between the parties are that the respondent had made a request for voluntary retirement which was accepted and he was permitted to resign waiving the notice period. Later on, the respondent sought withdrawal of voluntary retirement and the matter was referred to DOPT. The said department granted relaxation and respondent was permitted to rejoin the service on 8th May, 2003. While issuing the order for reinstatement, it was clarified that the period from 4th January, 2003 to 8th May, 2003 be treated as dies-non.