VIRENDRA KR SHARMA Vs. R S RAWAT

JUDGEMENT

(1.) CONTEMPT petition has been filed in regard to non-compliance of interim stay order dt. 31/07/09 passed in CWP-7302/2008.

(2.) SHRI NA Naqvi, Additional Advocate general appearing for respondents submits that order has been complied with in its true spirit and salary in terms of interim order has been paid to petitioner and he would continue at the place of his posting subject to the final outcome of interim relief claimed for in the petition.

(3.) IN course of proceedings in instant contempt petition, a Circular dt. 08/06/07 (Ann. C/8) was brought to the notice of this court particularly para 4 - taking note whereof, detailed order was passed by this court on 17/08/09 calling upon the then commissioner (Shri Pawan Goyal) to remain present today alongwith his written explanation particularly in regard to para 4 of Circular dt. 08/06/2007 having been passed under his signature directing his subordinates that employees who have got stay orders from High court or the Tribunal in their favour, they shall not be allowed to join unless prior sanction/approval/permission is obtained from the department concerned. Since this Court considered condition No. 4 (supra) to be contempt being committed by Officer in whose signatures it was issued. In compliance whereof shri Pawan Goyal, is present in person and has filed his reply and in para 1 whereof, he has tendered unconditional apology which is duly supported by order dt. 21/08/09 whereby para 4 of order dt. 08/06/07 has been deleted.