RAJINDER SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) By This Contempt Petition has been filed for alleged non -implementation of the order of this Tribunal dated 9.1.2012 passed in OA No.2911/2011 and MA 58/2012. The operative part of the order is as under: MA 58/2012: This MA has been filed by the applicant with a prayer to restrain the respondent authority to take any further action on the show cause notice dated 19.12.2011 issued to him. We find that the OA has been filed with a prayer that the period from 28.04.1999 to 03.09.1999 should be treated as on duty and he should be paid salary for this period. The grievance of the applicant is that he was called to the Office of the Deputy Director on 28.04.1999. Pursuant to the direction, he joined the Office of the Deputy Director on 29.04.1999. He was not assigned any duty until final order was issued at annexure A -9 where it has been clearly stated that he was posted at Govt. Boys Sr. Secondary School, Padam Nagar with effect from 28.04.1999. He had attended the Office of the Deputy Director and was not assigned any duty. Now in the show cause notice the period from 28.04.1999 to 02.03.1999 is proposed to be treated as dies non . Although legal notice had been made on 19.09.2009 (pages 18 -26) asking the respondents to pay salary for the aforesaid period, the applicant has conceded that he has not made any reply to the show cause notice received by him. Therefore, he is directed to make a comprehensive reply setting forth all the grounds on which he is placing reliance to the respondent authority within a period of one week from today. The Respondent authority is directed to dispose of the reply of the applicant by passing a reasoned and speaking order within a period of three months from the date of receipt of such reply under intimation to the applicant. The OA and the MA are accordingly disposed of. No costs. This OA need not be listed on 18.01.2012 as directed earlier in our order dated 28.11.2011.

(2.) Thereafter, the Respondents have issued memorandum dated 08.02.2012 proposing to hold inquiry against the applicant under Rule 14 of CCS (CCA) Rules, 1965. The Applicant challenged the aforesaid order by way of filing MA No.831/2012 in OA No.2911/2011 (supra) seeking a direction to the respondents to withdraw the same. In view of the fact that the aforesaid OA has already been disposed of by this Tribunal on 09.01.2012, this Tribunal passed the order dated 26.03.2012 observing that the MA would not survive and accordingly it was dismissed. The Respondents have filed a reply to this Contempt Petition. Along with it, they have also filed a copy of the show cause notice dated 19.12.2011 directing the Petitioner to explain as to why the leave period w.e.f. 28.4.1999 to 03.9.1999 may not be treated as dies -non. They have also annexed copy of the memorandum dated 08.02.2012 proposing to hold inquiry against the applicant. The learned counsel for the Respondents has submitted that in view of the aforesaid Memorandum dated 08.02.2012, the question as to how the period from 01.07.1998 to 03.09.1999 is to be decided will depend upon the final order to be passed in the matter. Therefore, no other reasoned and speaking order is required to be issued. In our considered view, as the respondents have already taken a decision to hold the inquiry against the applicant vide the aforesaid Memorandum dated 08.02.2012 (Annexure 6) pursuant to their show cause notice dated 19.12.2011, the present Contempt Petition does not survive. With the above observations, this Contempt Petition is dismissed and notices issued to the alleged contemnors are discharged. There shall be no order as to costs.