MOOL CHAND MISHRA Vs. SUNIL ARORA

JUDGEMENT

(1.) CONTEMPT of the order dated 03.12.2013, passed by this Court, has been alleged in this contempt petition. Thereunder this Court held that the denial of promotion to the petitioner under Rule 28(a) of the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') only on account of punishment of censure was arbitrary. Consequently, the order of denial as aforesaid passed on 30.11.2007 was quashed and the matter was remanded to the competent authority to reconsider the case of the petitioner for special promotion under Rule 28(a) of the Rules of 1989 within a period of three months from the date of receipt of the certified copy of the court's order.

(2.) MR . Rohitash Mishra, son of the petitioner appears in person and states that the purport of the order dated 03.12.2013 passed by this Court more particularly in the context of the words "resultantly the writ petition is allowed and stands disposed of" was that on reconsideration, the petitioner was of necessity to be granted promotion with reference to Rule 28(a) of the Rules of 1989. He submitted that now the petitioner has again been arbitrarily, unfairly and mala fide denied promotion albeit on different grounds which were not in existence at the time of earlier order dated 30.11.2007 when the petitioner was denied promotion on the ground of suffering punishment of censure. He submits that it is thus evident that the entire exercise of reconsideration undertaken by the respondents under directions of this Court was a sham with a pre -determined mind to somehow reject the petitioner's right to fair consideration for special promotion under Rule 28(a) of the rules of 1989. This according to him constitutes contempt.

(3.) THE case of the petitioner has been considered under the said Rule by the Reward Committee. The Reward Committee has recorded as under :