Excelsior Correspondent
JAMMU, Nov 10: A Division Bench of the High Court comprising Chief Justice Ali Mohammad Magrey and Justice Puneet Gupta has asked the contempt court not to pass any coercive orders against the Chairman Airport Authority of India qua compliance of the judgment passed by the Writ Court.
The order has been passed in an application filed by Chairman, Airports Authority of India and Others seeking stay on the operation of the impugned judgment dated May 4, 2022 passed by the Single Judge in the Writ Petition in terms whereof, the Writ Court, has quashed the proceedings initiated by the respondents/appellants with regard to the penalty of censure dated 31st of October, 2001 against the writ petitioner/respondent disentitling him for back dated promotion to the post of DGM (ATC) as well as order of censure issued on 31st of October, 2001 conveyed to the writ petitioner/ respondent vide communication dated 21st of January, 2009, besides directing the respondents/ appellants to grant the benefit of next higher scale of DGC (ATC) to the writ petitioner/respondent (now retired) with effect from 10th of January, 1999, along with consequential benefits including arrears of emoluments and post retiral benefits.
Senior Advocate C Raina with DSGI Vishal Sharma, DSGI and Advocate Yatin Mahajan appearing on behalf of the applicants/ appellants, submitted that, in terms of the scheme of law governing the subject, the writ petitioner/ respondent is not entitled to the benefits as awarded to him by the Writ Court.
It was contended that the applicants/ appellants have already assailed the judgment passed by the Single Judge in appeal wherein notice has already been issued in the accompanying application seeking condonation of delay, but since the contempt court has issued notice in the proceedings filed by the writ petitioner/ respondent and is asking for compliance of the judgment, therefore, a need has arisen for the applicants/ appellants for filing the instant application.
“In the event the contempt court passes any coercive orders/ direction with regard to the implementation of the judgment, the appeal filed by the applicants/ appellants would be rendered infructuous in as much as there would be nothing for the applicants/ appellants to agitate in the appeal before this court”, they further submitted.
The Senior Counsel also placed on record photocopy of order dated 31st of October, 2022 passed by the contempt court in the proceedings filed by the writ petitioner/ respondent seeking compliance from the applicants/ appellants.
Accordingly, DB observed, “the perusal of the note of the Registry reveals that the statutory period with regard to the notice issued in the condonation of delay application is yet to expire. However, given the nature of submissions made by the Senior Counsel and having regard to the fact that the contempt petition filed by the writ petitioner/ respondent is listed today before the contempt court, we deem it proper and, accordingly, ask the Registry to issue fresh notice to the respondent through Process Serving Agency of the concerned District Court, returnable on or before the next date of hearing”.
“The notice shall be issued both in the condonation of delay application as well as in the instant application”, the DB said and directed that application be listed along with the main case on 23rd of December, 2022. “Till then, this court request the contempt court not to pass any coercive orders against the applicants/ appellants qua compliance of the judgment passed by the Writ Court”, read the order of the DB.
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