Vipin Kumar Kaushal vs. R. D. Dhiman

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONTEMPT PETITION (CIVIL) Diary No. 3911/2022 IN CIVIL APPEAL Nos.6649-6650/2021, 6651/2021 and 6652/2021

ARJUN SINGH & ORS. Petitioner(s)

VERSUS

R D DHIMAN & ORS. Respondent(s)

Natarajan

09:40:38 IST Reason:

WITH

CONMT.PET.(C) Nos. 99-100/2022 in C.A. No. 6651/2021

O R D E R

A further affidavit of compliance dated 07.05.2022 is being filed on behalf of respondent no. 2, affirmed by one Manoj Kumar, Executive Director (Personnel), Himachal Pradesh State Electricity Board Limited, Shimla. The Deponent officer has tendered unqualified and unconditional apology for the noncompliance of the judgment of this Court. It is reported that now the judgment and order passed by this Court of which noncompliance is alleged has been truly and fully complied with in its true spirit. It is reported that the petitioners have been assigned seniority over and above the promotees and that they have further been considered for their further promotion to the post of Accounts Officers, Sr. Accounts Officers, Dy. Chief Accounts Officers/Dy. Chief Auditor and Chief Accounts Officer/Chief Auditor vide Office Order No.86 dated 04.05.2022. Digitally signed by R Date: 2022.05.13 Signature Not Verified

contd..

It is stated on Oath in the further affidavit that the arrears of consequential benefits to the petitioners shall be paid within a period of one month from today.

In that view of the matter and as now the judgment and order passed by this Court of which the non-compliance is alleged has been complied with in its true spirit, we accept the unqualified and unconditional apology tendered on behalf of respondent no.2 with a warning to respondent no.2 to take care in future that such an eventuality may not happen again and he should be very cautious in future. We hope and trust that such conduct on the part of respondent no.2 shall not occur again. With that hope and trust, we accept unqualified and unconditional apology and close the present proceedings. However, we direct respondent no.2 to pay the cost of Rs.25,000/- to be deposited with the Registry of this Court, within a period of one week from today, which shall be transferred to Mediation and Conciliation Project Committee (MCPC). The aforesaid cost shall be borne by respondent no.2 himself.

With this, the present contempt proceedings stand disposed of.

………………………………………J. [M.R. SHAH]

……………………………………J. [B.V. NAGARATHNA]

NEW DELHI MAY 10, 2022 ITEM NO.16 COURT NO.11 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONTEMPT PETITION (CIVIL) Diary No. 3911/2022 (Arising out of impugned final judgment and order dated 13-11-2021 in C.A. No. No. 6649/2021 13-11-2021 in C.A. No. No. 6650/2021 13- 11-2021 in C.A. No. No. 6651/2021 13-11-2021 in C.A. No. No. 6652/2021 passed by the Supreme Court Of India) ARJUN SINGH & ORS. Petitioner(s) VERSUS R D DHIMAN & ORS. Respondent(s) WITH CONMT.PET.(C) No. 99-100/2022 in C.A. No. 6651/2021 (XIV-A) (FOR ADMISSION) Date : 10-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Abhinav Agrawal, AOR Ms. Swati Bhardwaj, Adv. Mr. Rajesh Kumar Gautam, AOR Mr. Anant Gautam, Adv. Mr. Nipun Sharma, Adv. Mr. Sachin Singh, Adv. For Respondent(s) Mr. K. M. Nataraj, ASG Mr. Abhinav Mukerji, AOR Ms. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv. Mr. Akshay C. Shrivastava, Adv. UPON hearing the counsel the Court made the following O R D E R The present contempt proceedings stand disposed of in terms of the signed order. Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI)

COURT MASTER (SH) ASSISTANT REGISTRAR

(signed order is placed on the file)