COCP No. 528 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 528 of 2011 Date of Decision: 18.10.2011 Dr. Kuldip Singh ....Petitioner. Versus Smt. Anjali Bhawra ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. C.L. Pawar, Advocate for the petitioner. Mr. G.S. Cheema, Senior DAG, Punjab. AJAY KUMAR MITTAL, J. 1. The petitioner by way of instant petition has sought to initiate proceedings under the Contempt of Courts Act, 1971 against the respondent for disobeying the order dated 17.9.2008 passed by this Court in CWP No. 16545 of 2008 (Annexure P-1) and order dated 27.7.2009 passed in COCP No. 704 of 2009 (Annexure P-4). 2. Briefly stated, the facts for adjudication of the present petition are that the petitioner was a candidate for the post of Assistant Professor which was re-designated as Associate Professor. After completing his degree of M.Sc. (Hons) Bio-chemistry from Panjab University, Chandigarh, the petitioner joined as Demonstrator in the Department of Bio-chemistry at PGIMER, Chandigarh in the year 1996, where he after having served for several years joined for Doctorate COCP No. 528 of 2011 -2- Degree in Bio-chemistry which he completed in the year 2003. When the petitioner was not being promoted, he approached this Court by way of petition bearing CWP No. 16545 of 2008, wherein the following order was passed by this Court:- “Learned counsel for the petitioner submits that the representation filed by the petitioner (Annexure P- 10/A) be decided expeditiously by taking into consideration the instructions (Annexure P-11). After hearing learned counsel for the petitioner, we dispose of this writ petition with a direction to respondent No.1 to decide the representation (Annexure P-10/A) within a period of six months from the date of receipt of certified copy of this order. Sd/- Ashuthosh Mohunta Judge Sd/- Rajan Gupta September 17, 2008 Judge” 3. A perusal of the aforesaid order shows that the respondent was directed to decide the representation filed by the petitioner, and the respondent having failed to consider the case of the petitioner, COCP No. 704 of 2009 was filed which was disposed of as the statement was made that the case of the petitioner shall be considered for promotion to the post of Associate Professor in the Biochemistry Department and will be included in the agenda for promotion in the Promotion Committee. However, liberty was granted to the petitioner to revive the contempt petition if the case of the petitioner was not considered. Thereafter, the case of the petitioner was not being considered which necessitated him COCP No. 528 of 2011 -3- to approach this Court by way of instant contempt petition. 4. Upon notice having been issued, the reply has been filed by the respondent, wherein in para 6 thereof, it has been stated as under:- “6. That the present COCP No. 528 was adjourned to 18.7.2011 on the plea that the department has filed a review petition in the same Court where the Speaking Order No. 1/75/06- 2HBIII/3653, dated 22.7.2009 was appended with the Affidavit with respect to COCP No. 704 of 2009 in CWP No. 16545 of 2008. The case was listed on 20.05.2011 along with the review petition in CM No. 12751 in COCP No. 704 of 2009. In view of the order of the Hon'ble Court the case of promotion of the petitioner was again considered on merits. A DPC was convened on 24.5.2011 and a Speaking Order No. 13/52/2009-2HBIII/4043-46 dated 26.5.2011 was passed on the basis of its recommendations, thereby promoting the petitioner Dr. Kuldeep Singh against a reserved category seat of the year 2004 and demoting Dr. Chitaranjan Vij who was in the year 2004 promoted against a reserve category quota. The DPC recommendations in the case were as follows:- “The DPC held that the earlier promotion of Dr. Chitaranjan Vij in the year 2004 was recommended by DPC at that time subject to COCP No. 528 of 2011 -4- De-reservation of the post. As per the record no De-Reservation of the post was done. However orders of promotion of Dr. Chitaranjan Vij were issued vide letter No. 1/12/2004-3HBIII/7189-95, dated 31.12.2004. The matter was not brought on record neither in subsequent DPCs nor otherwise that Dr. Kuldeep Singh the petitioner had become eligible in the year 2005 for promotion against the reserved post. The recruitment of Dr. Kuldeep Singh of 2002 and his appointment was also rechecked and it was found that as per the notification of Department of Personnel (PP-III) vide letter 15/83/2002-2PPIII/1912, dated 06.02.2006, Biochemistry Department was found to be non-tainted. The DPC considered the entire case and recommended the promotion of Dr. Kuldeep Singh with immediate effect. It also recommended the reversion of Dr. Chitranjan Vij as she was continuing on the reserved category post despite the fact that eligible candidate of reserve category was available since the year 2005.” 5. According to the aforesaid averment made in para 6, the case of the petitioner was considered against the reserved post and COCP No. 528 of 2011 -5- vide speaking order No. 13/52/2009-2HBIII/4043-46 dated 26.5.2011 recommendation was made for promotion of the petitioner with immediate effect by demoting Dr. Chitranjan Vij who in the year 2004 was promoted against a reserved category quota. It has further been stated in paras 9 and 10 that said Dr. Chitranjan Vij has challenged speaking order dated 26.5.2011 by filing CWP No. 10210 of 2011 titled as “Dr. Chitranjan Vij Vs. State of Punjab and others” in which operation of order dated 26.5.2011 has been stayed by this Court. 6. In view of the above, no further action is called for in this petition and the same stands disposed of. October 18, 2011 (AJAY KUMAR MITTAL) gbs JUDGE