CLCON No. 41/2011 Hon’ble V.K. Bist, J. Mr. Kishore Kumar, holding brief of Mr. M.C. Pant, Advocate for the petitioner. Mr. V.B.S.Negi, Asstt. Solicitor General for Union of India/respondent. Counter affidavit has been filed on behalf of the respondent before the Court today. Same is taken on record. Heard and perused the record. Instant contempt petition has been filed by the petitioner for punishing the respondent for committing gross contempt of this Court’s order dated 06.04.2010 passed in writ petition no. 212 of 2010 (S/S) ‘Ajab Singh Negi vs. Union of India and others’, whereby the opposite party was directed to take final decision in the matter of petitioner within a period of three months from the date of production of certified copy of the order. A counter affidavit has been filed on behalf of the respondent in the Court today. Alongwith the counter affidavit, the respondent has annexed a copy of the order dated 16th June, 2010 whereby the claim of the petitioner has been rejected. Said order has been passed by the Assistant Director/P, Subsidiary Intelligence Bureau, referring writ Court’s judgment dated 06.04.2010. In the said order, it is mentioned that in petitioner’s case, the concurrence of the Andhra Pradesh State Government (i.e. the Leading Department) for absorption was not received and in absence of the concurrence of the Parent Department, the petitioner cannot be absorbed in IB. The respondent has also annexed a copy of the Notification dated 16th February, 2002, which provides that Assistant Director SIB, Dehradun is competent to convey the decision of the Department and the order dated 16th June, 2010 is duly served on the petitioner. Learned counsel for the petitioner submitted that though the claim of the petitioner has been rejected merely on the ground that there is no concurrence of the Parent Department but, in fact, this version is absolutely wrong in view of the fact that Superintendent of Police Krishna Nachilipatnam vide order dated 19.04.2006 has given no objection for petitioner’s permanent absorption in to SIB. Having heard the learned counsel for the parties, I am of the view that the factual controversy cannot be resolved and decided in the contempt jurisdiction. However, fact remains that order dated 06.04.2010 passed by the writ Court has been complied with and since, final decision has been taken by the respondent on 16th June, 2010 regarding absorption of the petitioner, this Court is not proceeding further in the Contempt Petition and is dismissing the same. However, if the order dated 16th June, 2010 have any mention that no concurrence was given by the Andhra Pradesh State Government (i.e. the Leading Department) for absorption of the petitioner, it is open for the petitioner to challenge the same before Appropriate Forum. The contempt petition is dismissed accordingly. Notice issued against respondent stands discharged. (V.K. Bist, J.) 13.06.2011 NCM: