RAKESH GIRI Vs. PROFESSOR ROOP KISHORE SHASHTRI

JUDGEMENT

(1.) It is apparent from the record that petitioner has already received all the promotional and service benefits and now, petitioner seeks from this Court to pass a punitive order against the respondents, who are 15 in numbers, all the members of Board Management of Gurukul Kangari (Deemed) University, Haridwar, District - Haridwar mainly basing on the communication he received. We find it appropriate to quote the entire communication, which reads as under:

(2.) The effect of this communication is that Registrar has intimated the petitioner that his entitlement for promotion and pay scale etc. shall be considered after disposal of the writ petition bearing no. 115 of 2018 pending before this Court. It was also submitted before this Court in WPSB No. 115 of 2018 on 9/1/2019 that the petitioner's case shall be considered in accordance with law by the counsel appearing then for the University.

(3.) We are of the opinion that when the matter is pending before this Court and the Institution takes a stand that final decision shall be taken in the case of the petitioner after the disposal of the writ petition, then it would not be a criminal contempt. In this regard, we take note of the definition of "criminal contempt" which appears in clause (c) of Sec. 2 of the Contempt of Courts Act, 1971, which reads as under: