IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 161 of 2000 Date of Decision: July 26, 2011 Ram Kishan ….Petitioner Versus Sh. J.R. Kundal, and another … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: None. Alok Singh, J. I have gone through the record. The brief facts of the present case are that the petitioner had filed a Civil Writ Petition No. 4912 of 1994 before this Court, inter-alia, praying for the issuance of a writ in the nature of mandamus for directing the respondents to convene a meeting of the Committee as stipulated under rule 9 of the Punjab Service of Engineers Class III (Public Health) Rules, 1967 to consider the cases of eligible Junior Engineers for promotion to the post of S.D.E.’s and for further direction to consider the case of the COCP No. 161 of 2000 petitioner and to promote him as S.D.E. on regular basis and further direction restraining the respondents from reverting the petitioner from the post of current duty charge of S.D.E. to the post of J.E. till the recruitment / promotion of S.D.E. among the J.Es. on regular basis. The said writ petition filed by the petitioner along with other CWP No.s 3405 of 1994, 3406 of 1994 and 3407 of 1994 were decided together by a Division Bench of this Court on 05.08.1994 and it was ordered that regular promotion for the post of S.D.E. among the J.Es be made within 3 months. It was further ordered that the current duty charge of the present incumbents shall not be disturbed till further promotions are made on the recommendation of the Committee in terms of the order. It is averred in the contempt petition that respondent vide order dated 13.01.2000 reverted back the petitioner from the post of S.D.E. to the post of J.E. inspite of categorical direction dated 05.08.1994 given by this Court. The petitioner again challenged the order dated 13.01.2000 passed by the respondent before this Court by filing a Civil Writ Petition No. 562 of 2000 in which a Division Bench of this Court passed the following order on 19.01.2000:- “Notice of motion to the respondents for 27.1.2000. 2 COCP No. 161 of 2000 Shri Rupinder Khosla, Deputy Advocate General, Punjab accepts notice. In the meantime, operation of the order Annexure P3 shall remain stayed qua the petitioner provided the petitioner has already not been relieved from the place of his posting.” The allegations of the petitioner in the present contempt petition are that inspite of the stay order passed by this Court on 19.01.2000, the respondents had passed the reversion order of the petitioner vide order dated 13.01.2000 and further despite order dated 19.01.2000, respondent No.2 on the instruction of respondent No.1 had written Annexure P/8 dated 31.01.2000 asking the petitioner to hand over the charge of Sub Division, Nakodar to Sh. Sukhpinder Singh and has further threatened the petitioner that in the absence of handing over the charge, he would be solely liable and thus, the respondents intentionally and willfully have violated the stay order passed by this Court on 19.01.2000 in CWP No. 562 of 2000. In reply, respondent No.1 has rebutted the averments made by the petitioner by stating that the petitioner already stood relieved on 18.01.2000 upon assumption of charge by Sukhpinder Singh, Sub Divisional Engineer, appointed through Punjab Public Service 3 COCP No. 161 of 2000 Commission, as such, the respondents have not violated the order of this Court dated 19.01.2000 passed in CWP No. 562 of 2000. It is the case of the petitioner that despite stay order passed by this Court on 19.01.2000, the respondent had asked the petitioner to hand over the charge of the post of Sub Divisional Engineer to one Sukhpinder Singh. The respondent has specifically averred that Sukhpinder Singh was appointed as Sub Divisional Engineer by the Punjab Public Service Commission and he joined his duties as Sub Divisional Engineer on 18.01.2000. On his joining, the petitioner was directed to hand over the charge of the post of Sub Divisional Engineer to said Sukhpinder Singh. As the petitioner has already handed over the charge to the new incumbent and has already been relieved from the post of Sub Divisional Engineer, Nakodar, on 18.1.2000 itself, therefore, the respondent could not be said to have violated the orders of this Court passed on 19.01.2000 by virtue of which the operation of the impugned order (Annexure P/3) was ordered to be stayed. In fact, the petitioner has already been relieved from the said post before passing of the order on 19.01.2000 in C.W.P. No. 562 of 2000 and as such, no contempt is made out against the respondent as he has not violated any order passed by this Court in C.W.P. No. 562 of 2000. 4 COCP No. 161 of 2000 In view of this, present petition is dismissed and notice served on the respondents stands discharged. July 26, 2011 ( Alok Singh ) vkd Judge 5