IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 20.07.2010 COCP No.1878 of 2009 Ram Niwas ...Petitioner Versus Shri K.K.Sandhu, IPS and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Shri Ram Niwas-petitioner in person. Mr. Amandeep Singh, AAG, Haryana, for the respondents. HEMANT GUPTA, J. (Oral) The earlier contempt petition of the petitioner was disposed of by this Court on 05.08.2009 with the following order: “In view of the said fact, the present contempt petition is disposed of with the direction to the respondent to purge the contempt by giving the benefit of promotion to the petitioner as ASI from the date his junior in the Executive Wind was given promotion on 19.5.1984 provided the petitioner fulfills the other conditions of eligibility. The needful be done within two months. With this direction, the contempt petition is disposed of.” In pursuance of such direction, it has been pointed out that, in fact, ASI Raj Kumar, junior to the petitioner was promoted w.e.f. 14.4.1983 and not on 19.5.1984. It was found that the petitioner was placed under suspension w.e.f. 25.03.1983. In a departmental inquiry, the petitioner was awarded punishment of stoppage of six annual increments with permanent effect vide order dated 20.6.1984. The appeal against the said order was COCP No.1878 of 2009 dismissed, but in a revision, the punishment was reduced to that of stoppage of two annual increments with permanent effect vide order dated 4.5.1987. In the meantime, the petitioner was absorbed in Wireless Section on 31.5.1985. It is, thus, sought to be contended that on the relevant date, the petitioner was under penalty and could not have been promoted. The fact; whether the petitioner is entitled to promotion or not, in these circumstances, cannot be examined in a contempt petition. The claim of the petitioner for promotion has been considered and in this respect a speaking order (Annexure R/1) has been passed on 16.9.2009. In view of the said fact, the present petition is disposed of with liberty to the petitioner to challenge the order dated 16.9.2009 in appropriate proceedings. 20.07.2010 (HEMANT GUPTA) Vimal JUDGE 2