CENTRAL HEALTH SERVICES REGULARLY APPOINTED DOCTORS FORUM THROUGH ITS GENERAL SECRETARY DR. K.K. BHUSHAN Vs. P.K. PRADHAN SECRETARY, MINISTER OF HEALTH & FAMILY WELFARE UNION OF INDIA, NIRMAN BHAWAN, NEW DELHI

JUDGEMENT

(1.) This Contempt Petition has been filed by the petitioner alleging contumacious act on the part of the sole respondent/alleged contemnor, alleging that he has failed to comply with the directions issued by this Tribunal in OA No.338/2009 on 21.09.2011 as follows: - In view of the above position, this O.A is allowed. Consequently, the impugned Annexure A -1 Order No. A32012/07/05 -CHS -I dated 28.11.2008 is quashed and set aside to the extent that the promotion to the applicants has been made effective from the date they assume charge. The respondents shall treat the applicants as promoted to Supertime Administrative Grade of the General Duty Sub -Cadre of the Central Health Service with effect from 13.02.2007 i.e. the date on which the DPC has recommended them for promotion for which the ACC has accorded its approval. In view of the above facts and circumstances of this case, the applicants will also be entitled for all consequential benefits including arrears of pay and allowances, seniority, etc. from that date. However, the respondents shall comply with the aforesaid directions within two months from the date of receipt of a copy of this order. There shall be no order as to costs.

(2.) In this Contempt Petition, the applicant/petitioner has stated that the above order of this Tribunal was personally served by him on the respondent/alleged contemnor on 30.09.2011, and it has been stated that the respondent/alleged contemnor has purposely, willfully and knowingly disobeyed the orders of this Tribunal, and has thereby conducted himself in most reprehensible and unbecoming manner, showing scant regard for the orders of this Tribunal, which conduct on his part is culpably, manifestly and gravely contumacious, which makes him liable to be dealt with in accordance with law, and punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the authority of this Tribunal, and he has tended to lower the authority of this Tribunal, and interfered with due process of the judicial proceedings and administration of justice, and the interest of justice demands that he should be dealt with and punished severely for his willful deliberate and intentional disobedience of the orders of the Tribunal.

(3.) On the presentation of the Contempt Petition, notice was issued on 06.02.2012. Shri V.S.R. Krishna appeared on behalf of the department of the alleged contemnor on 07.03.2012, and sought three weeks time to file the reply/compliance report. On 18.4.2012, it was observed by the Bench that day that the compliance report has not been filed, and further time of four weeks was granted to the respondents/alleged contemnor, failing which it was ordered that the Tribunal will direct personal presence of the respondent/alleged contemnor.