Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 379 of 2008 Petitioner :- Vijai Gautam Respondent :- Dr. B.K. Kanaujiya, C.M.O. & Others Petitioner Counsel :- Aseem Kumar Rai,A.Mayank Respondent Counsel :- Sc,M.K.Sharma Hon'ble Vikram Nath,J.
Rejoinder affidavit filed today by the applicant is taken on record.
Heard learned counsel for the applicant and Sri K. R. Singh, learned Standing
Counsel for the opposite party and perused the material on record.
A detailed order was passed on 2.12.2009, which is quoted hereunder:
” Heard learned counsel for the parties.
The applicant continued to work as a driver under the Chief Medical Officer,
Gautambudh Nagar since March, 2000 but his services were dispensed with on the
ground that now contract drivers would be appointed. It was subjected to challenge
in Writ Petition No. 20058 of 2003 and after hearing the parties the said writ petition
was disposed off finally vide order dated 25.11.2005 holding that in case regular
vacancies exist the applicant should be allowed to continue on daily wage basis till
regular selection is made. However, the order was not complied forcing him to file
Contempt Petition No. 885 of 2006 which remained pending for about a year and in
the meantime several officials on the post of Chief Medical Officer, Gautambudh
Nagar changed thus the Court disposed off the said petition on 17.9.2007 asking the
new incumbent for compliance. However, nothing happened forcing him to file this
contempt petition.
Upon issuance of notice, an affidavit has been filed stating that a ban of daily wage
appointment is in place since 1994 and the representation of the applicant has been
decided on 22.10.2007. However, there is no denial that the vacancies exist and the
applicant has not been allowed to continue.
The opposite party no. 1 shall appear on the next date and show cause why he
should not be tried and punished for wilful violation of the writ directions. If he has
been transferred, whoever is working as Chief Medical Officer shall ensure
compliance of the writ judgment forthwith or appear in person on the next date.
Let a copy of this order be given to Shri D.N. Mishra, learned Standing counsel
within 48 hours.
List on 21.12.2009. ”
Pursuant thereto matter was taken up on 21st December, 2009 and on that day
matter was directed to be put up on the next date. On 22nd December, 2009
Dr. M. L. Misra, the then Chief Medical Officer, Gautam Budh Nagar
appeared and filed a compliance affidavit dated 19th December, 2009.
As the factum of compliance was disputed the applicant was granted time to
file reply. The personal appearance, however, was dispensed with. Rejoinder
affidavit, as already stated above, has been filed today. The submission of the
learned counsel for the applicant is that under the directions of the writ Court
the applicant was to continue as daily wager till regular selection is made. It is
further submitted that till date no regular selection on the post of Driver has
been made in the office of the Chief Medical Officer against the post on
which applicant was working. He has further submitted that in the affidavit
dated 22nd December, 2009 an order dated 19.12.2009 passed by the Chief
Medical Officer is annexed. According to the said order the applicant’s service
has been engaged on contract basis. According to the learned counsel for the
applicant this is again deliberate disobedience of the directions of the writ
Court as the directions was specifically to engage the applicant as daily wager
but despite the same the applicant has now been engaged on contract basis.
In these circumstances, it has been submitted by the learned counsel for the
applicant that Dr. M. L. Misra, the then Chief Medical Officer be summoned
and appropriate action may be taken against him for wilful disobedience of
the directions of the writ Court. The Court is prima facie convinced that the
engagement of the applicant on contract basis is not the actual compliance of
the directions of the writ Court.
List this matter on 19th August, 2010.
On the said date Dr. M. L. Misra, the Chief Medical Officer shall remain
present.
A copy of this order may be provided to Sri K. R. Singh, learned Standing
Counsel, within 48 hours free of costs for necessary compliance.
Order Date :- 30.7.2010
SS