JUMISHRAGAL KISHORE Vs. B P SINGH

JUDGEMENT

(1.) The present contempt application has been preferred alleging violation of a judgment and order dated 15th July, 1988 passed in Civil Rule No.3190 (W) of 1984.

(2.) The operative part of the order dated 15th July, 1988 runs as follows:

(3.) The petitioner, appearing in person, submits that he was appointed to the post of Head Constable in Central Reserve Police Force (in short, CRPF) on 20th August, 1969. He was illegally dismissed from his service on 25th May, 1972. The said order was challenged and on the basis of orders passed in a writ petition and thereafter in an appeal, he was reinstated. Subsequent thereto, he submitted an application for promotion but as the same was not considered, he preferred the writ petition being Civil Rule No. 3190 (W) of 1984. The same was disposed of by an order dated 15th July, 1988. Challenging the said order an appeal was preferred by the respondents being F.M.A. 52 of 1994 and the same was dismissed on 17th March, 1998. In the midst thereof, an order of premature retirement was passed against him on 31st August, 1996. Challenging the said order he preferred a Writ Petition (Civil) No. 527/97 before the Hon'ble Supreme Court which was dismissed by an order dated 3rd November, 1997 with liberty to move the High Court. On the basis of such direction he filed a fresh writ petition being WP 915 (W) of 1999 inter alia praying for implementation of the order dated 15th July, 1988. The said writ petition was disposed of by an order dated 31st July, 2001 directing the respondents to calculate the post retiral benefits of the petitioner strictly in conformity with the judgment and order dated 15th July, 1988. In the midst thereof, he preferred the present contempt application on 17th March, 1999. In the same an order was passed on 25th June, 2012 observing inter alia that the alleged contemnors shall honour their own office order dated 7th August, 1989 and carry out the same. On 17th May, 2013 an application being CAN 5379 of 2013 was filed on behalf of CRPF praying for an enquiry alleging inter alia that the memo dated 7th August, 1989 produced by the petitioner did not bear the signature of the issuing authority and its veracity was doubtful. However, on 19th January, 2015 the contempt application was dismissed as none appeared on his behalf. Assailing the said order he preferred a Special Leave Petition and the same was allowed by an order dated 26th September, 2016 setting aside the order dated 19th January, 2015 and remitting the matter to this Court. Subsequent thereto, he preferred an application being CAN 10908 of 2012 for bringing on record the new incumbents who have joined the concerned posts.