BALDEV SINGH RAJAN Vs. S S SINHA

JUDGEMENT

(1.) After his acquittal in a criminal case pertaining to embezzlement of the funds of the Society where he was employed, the petitioner filed CWP No. 20521 of 2002 claiming reinstatement. The said writ petition was partly allowed on August 11, 2003 and while setting aside the order of dismissal, it was directed to reinstate the petitioner with continuity of service. However, back wages were denied to him. Alleging non-compliance of the aforesaid order, the petitioner filed COCP No. 93 of 2004 in which show cause notice was issued to the respondents. The petitioner, however, thereafter moved an application to withdraw the said contempt petition. The application was supported by the petitioner's affidavit dated 5th March, 2004, which reads as follows: 1. That the respondent department allowed me to join in the service and also paid all my dues towards the respondent and also gave me my due promotions as per rules. Now nothing is due towards the respondents. Thus, now I have no grudge against the respondents and for the reasons I am not willing to proceed with the above said C.O.C.P. No. 93 of 2004 and the same may be allowed to withdraw in the interest of justice.

(2.) The petitioner himself having come up with the above reproduced stand, the contempt petition was dismissed as withdrawn on March 11, 2004 in the following terms: Prayer made in the present application is for permission to withdraw the contempt petition on the ground that the order of this Court dated 11.8.2003 has been complied with in its entirety. C.M. allowed. Contempt petition is dismissed as withdrawn. Rule is discharged.

(3.) Alleging that he has not been reinstated as a Secretary of the Society, the petitioner has filed this second contempt petition. In response to the show cause notice, respondents No. 5 and 6 have filed their separate affidavits.