LAWS(CAL)-1973-7-26

BUTALIA H S Vs. SUBHASH KUMAR SAKSENA

Decided On July 20, 1973
BUTALIA H S Appellant
V/S
SUBHASH KUMAR SAKSENA Respondents

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated May 24, 1972, whereby the appellants were held guilty of contempt of court and were sentenced to pay a fine of Rs. 100/- which, however, was remitted by reason of the verbal unqualified apology tendered on their be self. But they were directed to pay the costs of the application which were assessed at twenty gold mohurs. As the facts involved in this appeal and in F. M. A. No. 518 of 1972 are the same and as one judgment was delivered to cover both the applications for contempt, this judgment will cover both the appeals mentioner above.

(2.) THE respondents were appointed Higher Grade Clerks under the Andaman and Nicobar Administration, on deputation. Their parent department was the Home Department of the Uttar Pradesh Government. The respondent Hari Shankar Pant in F. M. A. No. 518 of 1972 was originally appointed as a clerk in the Office of the Secretary, Board of High School and Intermediate Examination, and thereafter having been successful in a competitive examination, he was appointed a Lower Division Assistant, in the Office of the Home Secretary, Uttar Pradesh Government on April 4, 1969. Subhas Kumar Saksena the respondent in F. M. A. No. 519 of 1972 was appointed a Lower Division assistant on May, 21, 1955 in the Home Department of Uttar Pradesh Civil Secretariat. The Andaman and Nicobar Administration (here in after referred to as the Administration)addressed a letter to the Chief Secretary of the Uttar Pradesh Government dated september 28, 1964, requesting the services of a few experienced and efficient Upper Division Clerks, for appointment on deputation basis, as Higher Grade Clerks in the various offices of the Administration.

(3.) BY an order dated July 22, 1965, the Uttar Pradesh Government placed the services of the two respondents at the disposal of the Administration, as both the respondents had opted to work on deputation on the terms mentioned in the Administration's letter on september 28, 1964. Accordingly both the respondents joined as Higher Grade Clerks in the Administration with effect from July 29, 1965. According to the respondents they were assured by the Administration that they would be permanently absorbed in the service of the Administration.