D K ATTERY Vs. KANWAL SINGH MEHRA

JUDGEMENT

(1.) THIS order shall dispose of the contempt petition filed by the petitioner against the respondent nos. 1 to 4 under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the constitution of India against the respondents for having willfully and deliberately violated of the order dated 7th November, 2008 passed in wp (C) No. 7879/2008.

(2.) THAT briefly stated the facts, as alleged in the contempt petition, are that the petitioner vide office order dated 6th October, 2008, the petitioner who was working as CMO, AVH Haiderpur, was transferred and posted as Resident Medical Superintendent, Ayurvedic Panchkarma hospital, Kalu Sarai in place of Dr. Raj Mann with immediate effect. In this order, it was mentioned that Dr. Raj Mann will continue to work as cmo in the same hospital. Another office order dated 23rd October, 2008 was passed by the respondents wherein it was directed that the status quo shall be maintained in respect of the earlier office order dated 6th October, 2008 by virtue of which the petitioner was transferred as Resident Medical Superintendent, Ayurvedic panchkarma Hospital. It was stated in the office order that Dr. Raj mann would continue to work as Resident Medical Superintendent in the same hospital in question.

(3.) THE petitioner feeling aggrieved by virtue of the office order dated 23rd October, 2008 filed a writ petition bearing No. 7879/2008 against the respondents/mcd in which Dr. Raj Mann was also made as a party. In this writ petition an order dated 7th November, 2008 was passed in the presence of counsel for the respondent no. 1/mcd. The exact language of the said order is as under: