GURMOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Show cause notice was issued to the respondents as to why the proceedings under Sections II and 12 read with Section 2(c) of the Contempt of Courts Act, 1971 be not initiated for their wilful failure to implement the judgment and orders in Civil Writ Petition No. 346 of 1972. The respondents have filed the affidavit justifying the action and raised the preliminary objection to the maintainability of the petition itself. In order to determine the controversy let us first go to the salient features.

(2.) Gurmohan Singh is petitioner and is working as Deputy Superintendent of Police (Company Commander, 31st Battalion, Central Reserve Police Force, Calcutta. He was not satisfied with the list of seniority. Now- a-days be is posted in Amritsar (Punjab). He was not satisfied with the arbitrary action of the respondents denying him the seniority on the basis of his confirmation and due promotion in terms of departmental rules. He preferred to file C.W.P. No. 1053 of 1970 which was heard and disposed of by Jagjit Singh, J. on 22nd March, 1971. His prayer in the Writ Petition was allowed and the department was directed to re-fix the inter se seniority amongst the confirmed Deputy Superintendents of Police. In spite of this direction the respondents did not give due promotion to the petitioner and he again rushed to the court by filing another Writ Petition No. 346 of 1972. The said writ petition was allowed on 22nd April, 1975. The relevant portion of the judgment reads as under :

(3.) In compliance with the directions of this court respondent No. 1 re-considered the case of the petitioner for promotion to the rank of Assistant Commandant and assigned him notional seniority in the said rank with effect from 25th October, 1969 ie. the date when the officers junior to him in the writ petition were so promoted.