DINESH CHANDRA SHARMA Vs. B.K. BANERJI

JUDGEMENT

(1.) This application under S. 12 of the Contempt of Courts Act (hereinafter referred to as 'the Act') has been filed by Dinesh Chandra Sharma on the following facts- The applicant was served with a transfer order dated Jan. 11, 1977, transferring him to Sabina, Jhansi. He was thereafter served with a memorandum initiation enquiry for not joining the duties at Babina, where he was required to take over in pursuance of the transfer order aforesaid. The applicant challenged the validity of the transfer by means of a writ petition (Civil Misc. Writ Petn. No. 741 of 1977, (D. C. Sharma Vs. Union of India) . The writ petition was allowed in part of Jan. 5, 1982: (reported in 1982 Lab IC 962), quashing his transfer from Meerut to Babina. The learned single Judge, however, did not adjudicate or decide as to whether initiation of proceedings against the applicant for not joining in pursuance of the transfer order is valid or not. The writ petition was dismissed with respect to disciplinary proceedings. The applicant submitted an application on Jan. 7, 1982 to the Controller of Defence Accounts, Central Command, Meerut (for short 'the Controller') under whose control the applicant was working. Prayer made in the application was that the transfer from Meerut to Babina had since been quashed, the applicant was entitled to be given charge at Meerut. But having felt frustrated by the Controller not acceding to his request for posting at Meerut and only intimating that the matter was under examination, the present application was filed.

(2.) The applicant alleged that the Controller was guilty of contempt having not obeyed the order. On May 12, 1982, this Court passed the following order on the contempt application :

(3.) Question that arises for consideration is whether the present application for taking contempt proceedings having not been filed within one year from the date on which the contempt is alleged to have been committed is liable to be rejected.