INDRA NARAYAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties at length.

(2.) MR . Mahesh Tewari, appearing for the petitioner, submitted that this interlocutory application has been filed by the petitioner for initiating contempt proceeding and punishing the opposite parties for non -compliance of the order dated 13.9.2006 passed in WP (S) No. 2191 of 2006 and also the order dated 15.1.2008 passed in this contempt case; and for directing the opposite parties to recall the order dated 18.3.2008 punishing the petitioner with compulsory retirement (Annexure -7); and thereafter grant him promotion to the post of Chief Engineer with due date. He further submitted that the said order of punishment dated 18.3.2008, and on that basis, not granting promotion to the petitioner to the post of Chief Engineer, inspite of the recommendation of the opposite party No. 2, amounts to circumventing the said orders passed by this Court. He further submitted that the charges, said to have been proved against the petitioner, were not serious in nature and there was difference of opinion regarding the quantum of punishment. He relied on paragraph -16 of E.T. Sunup v. C.A.N.S.S. Employees Association and Anr. : 2005CriLJ131 .

(3.) LEARNED Counsel appearing for the parties referred to the pleadings and the documents annexed.