R. A. Misra, J. - (1.) SRI S. C. Pagaare has moved this petition under Section 2 (b) read with Section 12 of the Contempt of Courts Act with the prayer that the proceedings for civil contempt be initiated against the respondents and they be punished for having wilfully disobyed the interim injunction order passed by Munsif, Jhansi on 31st August, 1985 in Suit No. 561 of 1985.
(2.) THIS Court on 5th of December, 1985 issued the notices to respondent no. 2 Sri P. K. Vasudeva, Senior Regional Manager, Food Corporation of India to show cause why he not be punished for having committed civil contempt and observed that no case of civil contempt is made out against respondents 1 and 3 and has rejected the petition against respondents 1 and 3. The present petition, therefore, survives only against respondent no. 2. The facts which have given rise to this petition are briefly put as below :- Sri S. C. Pagaare, joined Food Corporation of India at Bombay in the year 1958 as Assistant Grade-Ill. Subsequently he was promoted as Assistant Grade-II and after completing five years as A.G.-II he was selected and promoted as Assistant Manager (G) in the year 1969. He was elevated to the post of Deputy Manager in the year 1983 in the pay scale of Rs. 1100-50-1600 against a substantive post. He was to be automatically confirmed as Deputy Manager after completing probation period of one year. His probation period expired on 23rd of August, 1984. It was not extended and so he stands automatically confirmed by the operation of law, statutes and circulars. The Manager (per Estt.) acting for Managing Director reverted Sri Pagaare to the post of Assistant Manager (G) with effect from 26th of August, 1985 after-noon in terms of regulation 15 (3) of the F.C.I. (Staff) Regulation, vide his letter no. PF/P-233/E.I. 963 dated 26-8-1985. Sri Pagaare came to know about the order of his reversion at Jhansi on 30th of August, 1983. He, therefore, on the aforesaid allegation filed suit no. 561 of 1985 in the court of Munsif Jhansi on 31st of August, 1985 praying following four reliefs :- " 1.That it be declared that the arbitrary reversion of the plaintiff from the present post of Deputy Manager (General) grade Rs. 1100-1600 to the lower post of Assistant Manager (General) Rs. 650-1200 is quite illegal and unwarranted, ultravires and against the principle of natural justice. 2.That a decree of permanent injunction be passed in favour of the plaintiff against the defendant restraining the latter from interfering in the working of the plaintiff as District Manager FCI Jhansi or Deputy Manager (General) except after giving him sufficient opportunity of being heard and in accordance with the FCI regulations and further the defendant should be restrained from acting and giving effect to the impugned order of reversion. 3.That any other relief as deemed necessary in the hands of justice be also granted in favour of plaintiff against the defendant ". On the same day be moved an application (11-C) for stay obviously under Order 39 CPC to restrain the defendants from interfering in his working as District Manager (G), Jhansi or drawal of his salary as such or giving effect to the impugned order of reversion except otherwise than in accordance with the regulation of the Corporation. The learned Munsif was pleased to pass the following order on the same day :- " Since the papers on record reveal that the plaintiff has been working on the post of District Manager (G) since 24-8-1983 and two years have passed, according to Staff Regulation 1971 of F. C. New Delhi. Rule 15 relates to the probation. In Rule 15 (4) it is laid down that an employee who has satisfactorily completed his probation in any post, shall, thereafter, be confirmed. In paragraph 5 of the affidavit (12-C) the plaintiff has adopted the whole plaint on oath. In paragraph 21 of the complaint has stated that on 23rd of August, 1985 he has completed 2 years of probation. Hence now he is protected by Rule 15 (4) of Staff Regulation. Prima facie case of the plaintiff is proved and balance of convenience is also in favour of the plaintiff. Issue notice to the defendants fixing 9-9-85 for objection and hearing of 11-C-2 application. Meanwhile the parties are directed to maintain Status Quo ". Sri S. K. Sachdeva, Joint Manager (Personal) acting for Zonal Manager (North) issued an order of transfer and posting of 7 Deputy Manager (G) with immediate effect on 23rd of August, 1985, which includes the transfer of Sri Pagaare from U. P. to Punjab (annexure-B to the counter affidavit), Sri A. S. Chhabra, Joint Manager (Personnel) vide his letter dated 12th of September, 1985 (Annexure-C to the counter affidavit) relieved the petitioner and four others with immediate effect in compliance to the aforesaid orders of the Zonal Office and advised him to hand over charge to the persons who are posted in their respective places of postings and join their new places of postings. Sri P. K. Vasudeva, Senior Regional Manager vide his letter dated 5-11-85 (annexure-1 to the contempt petition) viewed seriously the fact that Sri Pagaare did not comply with the order dated 23rd of August, 1985 passed by the Zonal Manager (North) and order dated 12-9-85 passed by Sri A. S. Chhabra, and directed that Sri Pagaare stands relieved with effect from 8-11-85 with further directions to report for duty to Senior Regional Manager, Punjab. He was directed to hand over charge to Sri K. K. Unni on 8-11-85 positively failing which disciplinary action will be initiated against him.
(3.) THE petitioner's contention is that the order dated 5-11-85 passed by Sri P. K. Vasudeva disobeys the injunction order passed by the Munsif Jhansi on 31st of August, 1985. Hence this petition to punish him for having committed civil contempt by wilfully disobeying the injunction order passed by the learned Munsif. Annexure-2 is the copy of the plaint filed by Sri Pagaare in the court of Munsif Jhansi. He has claimed four reliefs which 1 have extracted in the opening of this judgment. In paragraph 31 of the plaint he says that the cause of action arose on 30-8-83 when he heard about the order of reversion which was not served upon him by that time. It is abundantly clear from the plaint that he simply heard about the order of reversion and rushed to the Court of Munsif, Jhansi to seek his remedy against the order of reversion. Though the order of his transfer was passed on 23rd of August, 1985 earlier than the order of reversion yet he had no knowledge of the same when he filed the suit. He, therefore, could not and has not claimed any relief regarding the order of transfer passed on 23rd of August, 1985. The plaint simply gives the grounds making the order of reversion without jurisdiction and illegal. The Munsif has while passing the interim injunction order applied his mind to the facts alleged by the plaintiff-petitioner and prima facie believed that the regulations protected the plaintiff's claim of having been automatically confirmed. It, therefore, leaves no room for doubt that when the learned Munsif directed the parties to maintain status quo he meant to say that the order of reversion alleged to have been passed against the plaintiff should not be given effect to if it had not been given effect to by that time and that the parties should henceforth maintain status quo, meaning thereby that in case he has not actually been reverted in pursuance of the order of reversion then he should not be reverted. As there was no allegation either in the plaint or in the application for stay that the plaintiff-petitioner has been transferred and that the transfer order is also illegal and without jurisdiction so the order directing the maintenance of status quo cannot affect the transfer order.;