DR. JITENDRA GUPTA Vs. DR. C. CHANDRAMOULI, IAS
LAWS(SC)-2020-9-36
SUPREME COURT OF INDIA
Decided on September 25,2020

Dr. Jitendra Gupta Appellant
VERSUS
Dr. C. Chandramouli, Ias Respondents

JUDGEMENT

ASHOK BHUSHAN, J. - (1.)Leave granted.
(2.)The appeal and contempt petition have been filed by the same person, Dr. Jitendra Gupta. The appeal has been filed against the judgment of the Delhi High Court dated 24.12.2019 rejected the Contempt Case(C) No.1140of 2019 filed by the appellant where contempt proceedings were requested to be initiated for violation of judgment of Division Bench dated 02.07.2019 of the High Court passed in W.P.(C)No.5648 of 2018. The contempt petition has been filed in this Court for initiating contempt proceedings against the respondent for disobedience of the order dated 03.02.2020 passed by this Court in SLP(C)No.2978 of 2020 out of which C.A.No.3298 of 2020 has arisen.
(3.)Back ground facts giving rise to these proceedings need to be briefly noted.
Dr. Jitendra Gupta, the appellant, is an IAS Officer, Bihar Cadre of 2013 Batch. While posted as Sub-Divisional Officer in District, Kaimur, State of Bihar, a First Information Report was lodged against the appellant. Disciplinary proceedings were also initiated by the State of Bihar against the Officer. The appellant alleging victimization and persecution by the State of Bihar filed writ petition in the Patna High Court. The High Court quashed the criminal proceedings vide judgment dated 28.10.2016 which order was also upheld by this Court on 06.02.2017. The appellant applied for Cadre transfer from Bihar by his representation dated 21.03.2017. A writ petition was filed in this Court being Writ Petition(C)No.338 of 2017 which petition was disposed by this Court by order dated 09.05.2017 directing the Central Government to look into the grievance of the appellant and take appropriate action within three months. After the order by this Court dated 09.05.2017, the Central Government considered the case of the appellant and sought consent from the Government of Haryana by letter dated 19.07.2017. The State of Haryana communicated its consent for Cadre transfer of the appellant. The Central Government vide Order dated 06.12.2017 declined to approve the appellant's Cadre transfer from Bihar to Haryana. Challenging the order dated 06.12.2017, the appellant filed O.A.No.292 of 2018 in the Central Administrative Tribunal which application was allowed by the Central Administrative Tribunal vide its judgment dated 22.03.2018. The Tribunal set aside the order dated 06.12.2017 and directed the Union of India through its Secretary, Department of Personnel and Training to consider the case of the appellant for inter-State Cadre transfer for State of Haryana under Rule 5(2) of IAS (Cadre) Rules, 1954 or for Central Government deputation under Rule 6 of the said Rules. The State of Bihar was directed not to withhold its consent for the inter-State deputation/Central deputation.

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