JUDGEMENT
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(1.)This contempt petition is filed complaining that the respondents
have willfully disobeyed the order of this Court dated 22nd November,
2013 and, therefore, prayed that the respondents be punished for
contempt and also direct the respondents to implement the judgment of
this Court dated 22nd November, 2013 in Civil Appeal No. 9454 of 2013.
(2.)The brief factual background of the above Civil Appeal No. 9454 of
2013 is as follows:-
The applicant herein is an Officer of the Indian Revenue Service
who was kept under suspension on certain allegations of misconduct on
28.12.1999. On the basis of the said allegations, criminal cases are
also pending against the applicant. In view of the pendency of the
criminal proceedings, the applicant's suspension continued for a long
period. Eventually, the applicant challenged two orders dated 12.1.2012
and 3.2.2012 by which his suspension was continued in O.A. No. 495 of
2012 on the file of the Central Administrative Tribunal, Principal
Bench, New Delhi. By its order dated 1.6.2012, the Tribunal allowed the
above mentioned O.A.. The operative portion of the order reads as
follows:-
"Considering the totality of the facts and circumstances of
the case, we are of the considered opinion that (i) the
directions of the Tribunal issued to the respondents in OA NO.
2842/2010 decided on 16.12.2011 have not been complied with in
both letter and spirit while passing the impugned orders dated
12.01.2012 and 03.02.2012; and (ii) the continuance of the
applicants suspension is not tenable. In the result, the orders
dated 12.01.2012 and 03.02.2012 are quashed and set aside with
direction to the respondents to revoke his suspension and to
reinstate him in service. The applicant would be entitled to
legally admissible consequential benefits.
We make it very clear that taking note of the grave
charges leveled against him, the applicant may be posted in a
non-sensitive post where the Competent Authority considers that
he would have neither access to the relevant records nor would
have opportunity to influence the witnesses. We also further
add that if at any point of time in future the criminal trial
proceedings commence by the trial Court, the respondents would
have the liberty to consider the possibility of keeping the
officer under suspension at that point of time if the facts and
circumstances so warrant."
Aggrieved by the said order, the respondent herein preferred the
writ petition(c) no. 5247 of 2012 before the Delhi High Court which was
dismissed in limine by a judgment dated 17.9.2012.
Not satisfied with the said judgment, the respondents approached
this Court in SLP(C) No. 30368 of 2012 which eventually came to be
numbered as Civil Appeal No. 9454 of 2013.
This Court by its judgment dated 22.11.2013 dismissed the said
appeal.
(3.)The grievance of the petitioner in the contempt is that though he
succeeded in O.A. No. 495 of 2012 which order was confirmed both by the
High Court as well as by this Court, the respondents have not given him
"legally admissible consequential benefits" as directed in the Order of
the Administrative Tribunal.
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