HIRALAL SHARMA Vs. RAILWAY SHRAMIK SAHKARI BANK

JUDGEMENT

(1.) HIRALAL Sharma, the petitioner in this petition filed Under Section 12 of the Contempt of Court Act. 1977 was an employee of the Railway Shramik Sahkari Bank Bikaner Limited, Bikaner (hereinafter referred to as 'the Sahakari Bank') non -petitioner No. 1 herein Shri K.C. Golecha, non -petitioner No. 2, is the Manager of the Sahkari Bank and Shri Kanhaiya Lal Bhojak non -petitioner No. 3 is the Honorary Secretary of the Sahkari Bank. By notice dated May 12,1982, the petitioner was informed that he will retire from service of the Sahakari Bank on September 30, 1982 on attaining the age of 55 years. The petitioner challenged the validity of the aforesaid notice of retirement dated May 12, 1982 by filing a writ petition, S.B. Civil Writ Petition No. 1827 of 1982. Along with the aforesaid writ petition, the petitioner also filed a petition for stay of the operation of the order dated May 12, 1972. On the said stay application, this Court passed an order dated September 27, 1982 whereby the operation of the notice dated May 12,1982 was stayed. The said writ petition was dismissed by a learned single Judge of this Court (D L. Mehta, J.) by order dated December 15, 1982 On the date of passing of the said order dismissing the writ petition, the petitioner moved an application for stay of the operation of the judgment for a week and for direction to the respondent to the writ petition not to effect the retirement of the petitioner. On the said application, the learned Single Judge passed an order dated December 15, 1982 whereby he stayed the operation of the order dated December 15, 1982, dismissing the writ petition, for a period of one week. The petitioner filed an appeal (D B. Civil Special Appeal No. 713 of 1982) against the order dated December 15, 1982 passed by the learned single Judge, dismissing the writ petition Along with the said special appeal, the petitioner also filed a stay petition for an interim order direction the respondents to the appeal not to effect the retirement of the petitioner till the disposal of the special appeal. The aforesaid special appeal as well as the stay petition came up for orders before a Division Bench of this Court on December 20, 1982. By order of the said date, the special appeal was admitted. On the stay petition, this Court passed an order on December 20, 1982 for issue of notice to the respondents and in the meanwhile, the operation of the notice dated May 12, 1982 was stayed after service of the notices of the stay petition on the respondents, the stay petition was placed for orders before the Division Bench of this Court on January 5, 1983 and on that date, nobody appeared on behalf of the respondent and the interim order dated December 20, 1982 was confirmed.

(2.) THE case of the petitioner is that after the passing of the order dated December 15, 1982 by the learned single Judge, the petitioner reported for duty on December, 18, 1982 and submitted an application before non -petitioner No. 2. On the said application non -petitioner No. 2 made an endorsement that the petitioner had retired from service on December 16, 1982 after noon. The case of the petitioner is that after the passing of the order dated December 20,1982 by this court, the petitioner sent an application dated December 22, 1982 by registered post whereby he informed the Honorary Secretary of the Sahkari Bank, non -petitioner No 3 herein, about the stay order that was passed by this court on December 20, 1982 and along with the said letter he also submitted a certified copy of the order dated December 20, 1982. Non -petitioner No. 2, however, refused to accept the delivery of the said letter. The case of the petitioner is further that after the passing of the order dated January 5, 1983, the petitioner again reported for duty on January 6, 1983 before the non -petitioner No. 3 and also submitted an application dated January 6,1983 to non -petitioner No. 3 and the copy of the said application was also submitted to non -petitioner No. 2 but the petitioner was not taken on duty. The petitioner has submitted that the aforesaid actions of the non -petitioners constitute clear disobedience of the orders of this court and amount to contempt of the orders of this court and that the non -petitioners may be suitably punished for having committed the contempt of the orders of this Court.

(3.) IN the reply that has been filed on behalf of non -petitioners No. 2 and 3, it has been submitted that after the writ petition had been dismissed by the learned single Judge of this Court by judgment dated December 15, 1982, no order was passed by the learned single Judge prohibiting the retirement of the petitioner from service and the order that was passed by the learned single Judge on December 15,1982 only stayed the operation of the order dated December 15, 1982 dismissing the writ petition and, therefore, after the dismissal of the writ petition by the learned single Judge on December 15,1982, a registered Inland Letter dated December 16, 1982 was sent to the petitioner whereby the petitioner was intimated that he has been retired from service with effect from Decembsr 16, 1982 afternoon. In the said reply, it has been stated that the petitioner appeared in the office of the Sahkari Bank on December 18, 1982 and at that time, he was served with the aforesaied order of retirement dated December 16, 1982 and was also handed over a cheque for Rs. 1657, 85 p. drawn on the Central Co -operative Bank, Bikaner, towards his salary for the period upto December 16, 1982. In the reply, it is further stated that before the passing of the stay order December 20, 1982 by the Division Bench of this Court, the order of retirement dated December 16, 1982 had been passed and the operation of the said order was not stayed by this Court. In the reply, it has been denied that the petitioner had submitted an application dated January 6, 1983 or had reported for duty and it has been stated that a registered letter was received by non -petitioner No. 3 on January 10, 1983 along with the certified copy of the order of this Court and the same was replied on January 15, 1983 whereby the petitioner was told that he had been retired on December 16,1982 afternoon and that he could not be taken back on duty. In the reply aforesaid, it has been stated that the non petitioners had not disobeyed any order of this Court and they were not guilty of contempt of the orders of this Court since the petitioner was retired on December 16, 1982 in the absence of any prohibitory order effecting his retirement and as the retirement of the petitioner had become effective on December 16, 1982, the subsequent order dated December 20, 1982 passed by this Court in the special appeal (D.B Civil Special Appeal No.713 of 1982) staying the operation of the notice dated May 12, 1982 could not be complied with. In the reply aforesaid, the non -petitioners have also submitted that the petitioner had concealed from the Court certain material and. vital facts about the real state of affairs in respect of the petitioner's retirement and he was thus guilty of contempt of Court by defrauding this Court and obtaining orders on false facts. In the reply aforesaid, the non -petitioners also submitted that the non -petitioner never intended to disobey the orders of this Court and have acted bonafide in retiring the petitioner from service under the belief that there was no stay regarding the operation of the order dated May 12, 1982 and hence, they were competent to retire the petitioner after the dismissal of the writ petition and it has been further submitted that in case this Court finds that the non -petitioners have committed contempt of Court by disobeying the orders of this Court, then the non -petitioners express a regret and they may be pardoned.