Court Holds Government Officials Guilty of Contempt for Willful Disobedience of Promotional Directions

In a significant development, a court has found government officials guilty of contempt of court for their willful disobedience of promotional directions in a long-standing case. The judgment, delivered by Justice Manmeet Pritam Singh Arora, addressed the petitioner's claim for promotion following his reinstatement after a previous penalty of removal from service was set aside.

The court highlighted that the Division Bench had directed the petitioner's reinstatement from the date of service and granted him the right to be considered for promotion. However, the respondent argued that the petitioner only had the right to be considered, rather than an entitlement to promotion. The petitioner's immediate junior had already been promoted to a higher rank.

The court firmly rejected the respondent's argument and emphasized that the petitioner should not be denied promotions due to the respondent's failings. It held that the petitioner's inability to fulfill the eligibility criteria for promotion was a result of the respondent's acts and omissions. The court stressed the importance of compliance with judgments and cited previous cases supporting the petitioner's claim.

The court concluded that the respondent's order declining further promotions for the petitioner was in violation of the unequivocal directions issued by the Division Bench. The court observed that the respondent had demonstrated a lack of willingness to comply with the judgment and had engaged in a flip-flop approach in their actions.

In the operative part of the judgment, the court held the Inspector General of Police (Pers.) and DIG (Pers), who held office as of [Date], guilty of contempt of court for willful disobedience of the directions issued by the Division Bench. The court granted the contemnors a six-week opportunity to issue a fresh order granting promotion to the petitioner to the rank of IG, aligning him with his immediate junior. Failure to comply within the specified time would lead to sentencing.

This landmark judgment serves as a reminder of the court's commitment to upholding the rule of law and ensuring compliance with its directives. It highlights the court's determination to rectify instances of non-compliance and secure justice for individuals affected by the respondent's actions.

Date of Decision: 02nd June, 2023

PRAKASH KUMAR DIXIT   VS AJAY KUMAR BHALLA & ORS   

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