Ashok Bhan, J. - (1.) The petitioner after having been selected as Senior Scientist (Sugarcane) was not given the appointment by the Punjab Agricultural University (hereinafter referred the University'). The petitioner filed a Civil Writ Petition in this Court which was allowed by Single Bench, against which the University filed Letters Patent Appeal No. 131 of 1991 which was admitted to hearing on 13th February, 1991, and the following order was passed in the presence of counsel for the parties. "After hearing both the sides, the LPA is admitted early. The operation of the order of the learned Single Judge is stayed. Nevertheless it will be open to the Board of Management to approve the name of Dr. B.S. Sidhu for appointment to the post in question. In case the Board does not want to take a decision in this behalf and the post is to be filled in an ad hoc basis, Dr. B.S. Sidhu alone will be appointed on ad hoc basis as his name has been recommended by the Selection Committee and has already been approved by the Vice-Chancellor.
(2.) Petitioner filed a Civil Miscellaneous Application No. 740-(LPA) of 1991, praying therein that the above-quoted stay order may be modified and the University be directed to give appointment to the petitioner on the basis of various points which have been raised by him in his application. Reply to the said application was filed and ultimately, the Division Bench passed an order on 22nd July, 1991, attached as Annexure 'A' to this contempt petition, and gave the following directions : "We find from a reading of the order dated 13th February, 1991, that the spirit behind it was that should the University decide to appoint any person on the post for which the respondent had earlier been selected, that appointment was to go to the respondent. By requisiotioning the services of some other scientist, to perform the functions of the post against which the respondent had been selected, the University has merely sought to circumvent the order of this Court. We, thereafter, direct that respondent, Dr. B.S. Sidhu will be appointed against the post of senior scientist sugarcane forthwith subject to the final decision of the Letter Patent Appeal." In spite of the directions given by this Court on 22nd of July, 1991, the petitioner was not appointed to the post of Senior Scientist (Sugarcane). The petitioner, aggrieved by the inaction of the respondent, filed the present contempt petition alleging therein that condemner, Dr. Khem Singh Gill, Vice- Chancellor of the University has not made the petitioner's appointment to the post in question, and is, thus, guilty of wilful disobedience of orders and directions issued by this Court. It has been further stated that instead of giving appointment to the petitioner, either oil regular basis or even on ad hoc basis, Dr Khem Singh Gill, contemner-respondent, requisitioned the services of some other Scientist to perform the functions of the post of Senior Scientist (Sugarcane), against which post, the petitioner had been duly selected and such all action was against the directions of this Court given in order passed on 13th February, 1991, and order passed on 22nd July, 1991, appended as Annexure 'A' to this contempt petition.
(3.) Written statement by way of an affidavit was filed by the condemner- respondent. The allegations made in the contempt petition have been denied. It is stated that in obedience to the decision of this Court, the Board of Management in its meeting held on 24th August, 1991 decided to appoint Dr. B.S. Sidhu as Senior Scientist (Sugarcane) and in this respect, an order of appointment dated 26th August 1991, was issued in favour of Dr. B.S. Sidhu. Copy of the same has been appended as Annexure R-4 with the written statement. The delay in appointing Dr. B.S. Sidhu as Senior Scientist (Sugarcane) has been explained by the respondent by stating that order dated 22nd July, 1991, was received in the office of the Vice Chancellor on 1st August, 1991. The appointment to the post of Senior Scientist (Sugarcane) could be made by the Board of Management and consequently, order of this Court dated 22nd July, 1991, could only be executed by the Board of Management. Accordingly, a special meeting of the Board of Management was conveyed for 24th August, 1991, through a notice issued by the Registrar of the University, dated 16th August, 1991. The Agenda containing the solitary item relating to the appointment of the petitioner to the post of Senior Scientist (Sugarcane) was circulated amongst the members of the Board and the special meeting of the Board of Management was held on 25th August, 1991, and decision in respect of appointment of the petitioner as such, was approved as per directions issued by this Court. Thereafter, order dated 26th August, 1991 (Annexure R4 to the written statement), appointing Dr. B.S. Sidhu to the post of Senior Scientist (Sugarcane) in the scale of Rs. 4500-150-5700-200-7300/- was issued. The allegations of victimisation and harassment made by the petitioner were also denied. Lastly, it was stated that the respondent-contemner had not committed any contempt of this Court as the directions issued by this Court were complied with in toto and, therefore, was not liable to be punished under Section 12 of the Contempt of Courts Act. The petitioner riled an additional affidavit, and thereafter, a rejoinder stating therein that respondent-contemner has not fully complied with the direction issued by this Court. That only a truncated charge of the post of Senior Scientist (Sugarcane) has been given because he has not been appointed as Senior Scientist (Sugarcane) Incharge-Director. That by a subsequent order, Annexure R4 the petitioner has been given the duties as Senior Scientist (Sugarcane) Incharge of Sugarcane Agronomic Research Work, his field of specialisation being agronomy. With the rejoinder filed, the petitioner has attached certain documents to show that earlier, Dr. R.S. Kanwar had been designated as Senior Sugarcane Agronomist-cum-Director, Sugarcane Research Station, Jalandhar, whereas the petitioner has been appointed only as Senior Scientist (Sugarcane). The petitioner has stated that he should have been appointed/designated as Director of Sugarcane Research Station, Jalandhar, as well.;