disciplinary proceeding

Querist : Anonymous (Querist) 31 January 2010 This query is : Resolved
By my order dt.15.01.07 I decided a representation in compliance of Hon'ble High court order dated 24.07.04
Govt. issued an order dt.27.02.09 quashing my above order dt.15.01.07
Agrieved party filed a w.p.no.1844/09 in High court.Hon'ble High court passed an order/judgement dt.15.05.09 and was pleased to quash the Govt. order dt.27.02.09 and directed o.p. no.1 Govt.to decide by reasoned order.in this order Hon'ble High court observed that Director(I)was well entitled to decide the representation as it was in compliance of High court order dt.24.07.04
Even though Govt. has charge sheeted me and the charge framed against me is that'I was not entitled to decide the issue.'
My queries are:
(1)Is it not contempt of court?
(2)in comliance of High court' order dt.15.05.09 Govt had decided the matter by order dt 21.07.09 quashing my order dt.15.01.07 but charge sheet against me was issued earlier on 08.06.09 by Govt.
(3)In another w.p.no.5241/09 Hon'ble High court has stayed Govt. order dt.21.07.09 and w.p. is pending.
(4)consiquently my order dt.15.01.07 is prevailing even though I am facing disciplinary proceeding on the above charge.
pl.suggest legal position and how should I
defend myself from above charge

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Raj Kumar Makkad (Expert) 31 January 2010
This can not be termed as contempt of court but becuase the initiation of disciplinary proceeding had already been started prior to the impugned judgment but definitely the proceedings pending against you should be dropped keeping in view the given facts.

I suggest you to first make a detailed representation to the concerned disciplinary authority to drop the proceeding in the light of the given facts and failing to get desired results directly move to High court and I hope you shall definitely get the justice.

B K Raghavendra Rao (Expert) 01 February 2010
The question needs to be studied in detail. Under what circumstances the High Court passed order dated 24.07.2004 and what terms are contained in it needs to be seen. The second point that needs to be seen is that whether you had statutory authority to decide the impugned representation. If you did not had the authority to decide the representation and you had decided it, then the government is correct in quashing your order.

The High Court might have passed orders dated 24.07.2004 based on the facts and documents placed before it. In accordance with the orders of the High Court directing to pass considered order in accordance with law, the government would have passed orders dated 21.07.2009.

There is nothing new in the aggrieved party having approached and obtained stay for the orders passed by the government on 21.07.2009.

There is no iota of contempt of court. You can defend your case if and only if you had statutory authority or delegated authority to decide upon the impugned representation.

niranjan (Expert) 01 February 2010
I think that as per your say the Hon.HC decided that you were entitled to decide the representation in compliance of Hon.HC order and yet the govt.has given you charge sheet,you should approach to the high court for withdrawing the charge sheet givento you.

Querist : Anonymous (Querist) 02 February 2010

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