P&H HC | No contempt proved in absence of intention to commit contempt

Punjab and Haryana High Court: This contempt petition was filed before the Bench of Nirmaljit Kaur, J. for disobedience of the order by which the operation of order where promotion was granted to one Renu Rani to the post of Personal Assistant on the ground that she was physically handicapped was granted.

Petitioner contended that respondents had shown disregard to the order by stating that due to interim order respondent shall be allowed to continue to work with Chief Engineer (NCR) and draw the pay as Senior Scale Stenographer till further orders. It was stated in the reply that the order of promotion was not given effect after the Department was made aware of the stay order where no benefit of the Personal Assistant was granted. To avoid confusion earlier memo was substituted for another memo which made the clarification that in accordance with the order no action regarding pay fixation will be taken pending writ petition and employee will continue to work with Chief Engineer (NCR) as Senior Scale Stenographer and draw pay as Senior Scale Stenographer.

High Court observed that the argument advanced by petitioner that she was not reverted cannot be sustained. It was clear before the Court that the respondent had not been given any benefit of the order of promotion which was stayed by this Court. Order passed to clarify misunderstanding raised by petitioner in the contempt petition shows no malafide on part of respondents to contempt or violate the order passed by this Court.  Therefore, this petition was dismissed. [Ajmer Singh v. Alok Nigam, 2019 SCC OnLine P&H 303, decided on 27-03-2019]

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