- (1.) Non compliance with the order dated 6-8-2008 passed in S.B. Civil Writ Petition No. 4264/2007 has been alleged in this contempt petition. Thereby this court had allowed the writ petition as under:- "Consequently, writ petition is partly allowed to the extent that order impugned dt. 8-8-2007 as regards award of interest @ 9% per annum is hereby set aside. Petitioner is directed to pass necessary orders in compliance of directions issued vide judgment impugned dt. 8-5-2007 for reinstatement with consequential benefits within two months. However, it will be open for the petitioner to proceed with disciplinary inquiry against respondent No. 1 after due compliance of principles of natural justice in accordance with law. No order as to costs."
(2.) Counsel for the petitioner submits that far from reinstating the petitioner within a period of two months as directed by this court and even upto the time for reinstatement of the petitioner extended by the Division Bench under its order dated 15-10-2008, the petitioner was removed from service vide order dated 19-11-2009 purporting a penalty pursuant to a second charge sheet issued to petitioner on 7-8-2004. Counsel has submitted that in terms of order dated 6-8-2008, it was incumbent upon the respondents to reinstate the petitioner instead of removing the petitioner purportedly proceeding on a second charge sheet. Counsel submits that the action of the respondents are contempt of court and hence the respondents be punished therefor.
(3.) Mrs. Anita Agrawal, learned counsel for the respondents has submitted that even though the respondents had liberty under order dated 6-8-2008 to proceed afresh with the charge sheet dated 27-9-2003 in compliance with the principles of natural justice, yet the respondents exercised their discretion to abandon the said charge sheet and instead proceed with the charge sheet dated 7-8-2004 (second charge sheet), in pursuance whereof the petitioner was removed from service on 19-11-2009. That order has not been put to challenge and attained finality.;