S K SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 and 227 of the Constitution of India read with section 482 Cr.P.C wherein prayer is made for quashing the order dated 31.10.2011 passed by the ld.Attorney General for India declining to grant consent under section 15 of the Contempt of Court Act, 1971 (hereinafter referred to as the "Act") for initiation of criminal contempt proceedings against the three alleged contemnors, namely, Sh.B.K.Jha, Smt.Sumana Sen and Ms.Ashima Neb.

(2.) PETITIONER is an IRS officer of 1987 Batch. Petitioner has alleged that on 14.7.2011, he was wrongly transferred to Ranchi. Accordingly, he had filed OA no.2600/2011 titled S.K.Srivastava vs. UOI and ors on 20.11.2011 before the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal) challenging his transfer from Delhi to Ranchi wherein Sh.B.K.Jha, Smt.Sumana Sen and Ms.Ashima Neb, I.R.S. Officers have also been arrayed as respondents. Petitioner has made allegations of gross malafide against the aforesaid respondents. It is stated that the Tribunal has stayed the transfer of the petitioner and notice has been issued to the respondents and the matter is pending disposal before the Tribunal.

(3.) LEARNED counsel for the petitioner has submitted that petitioner was not given any personal hearing in the matter by the ld.Attorney General. It is further submitted that there was enough material on record on the basis of which the consent, as prayed by the petitioner, ought to have been granted to him.