ARUN KUMAR TAVEKAR Vs. RANJEET MATHUR

JUDGEMENT

(1.) IN both the contempt petitions identical questions of law and fact are involved, therefore, they are disposed of by this common order For the sake of convenience, the facts of S.B. Contempt Petition No 17/1987, are taken into consideration.

(2.) THIS is a petition under Section 12 read with Section 10 and 11 of the Contempt of Courts Act, 1971, for commiting respondents No 1, 2 and 3 for contempt for violating the order dated 17th October, 1986, passed by this Court.

(3.) THE case of the petitioner in this petition is that after passing of the order dated 17th October, 1986, the petitioner submitted a certified copy of the stay order to the Sr. DPO. Western Railway, Jaipur and also sent a copy of the same to the General Manager, Western Railway and also to the Railway Service Commission Ajmer. But instead pf appointing the petitioner on the post of Senior Clerk, the Senior DPO, Jaipur has refused to give appointment to the petitioner by letter dated 28th October, 1986. Inspite of the notice dated 18th December, 1986, for complying with the order dated 17th October 1986 the respondents have not given any appointment to the petitioner and, thus, the respondents have committed the contempt of this Court. The respondents have submitted a reply to the contempt petition. The respondents have tried to justify the order on merit and have submitted that they have not done any wrong. The case of the respondents is that the writ petition filed by the petitioner is not maintainable in view of the jurisdiction of the Central Administrative Tribunal which is competent to deal with the service matters, including the matter relating to recruitment; and, thus, the order passed by this Court was without jurisdiction. It is also submitted by the respondents that no person junior to the petitioner was appointed as UDC by Jaipur Division. Each Division makes appointment as par the merit -order amongst those candidates selected and recommended for appointment on Jaipur Division. Since none of the candidates relating to the merit list of 191 persons issued by the Railway Service Commission. Ajmer was appointed on Jaipur Division, the respondents did not in any way have disobeyed the orders of this Court.