Contempt of Court: Civil contempt – It is well settled that
contempt action ought to proceed only in respect of established
wilful disobedience of the order of the Court – In the instant case,
the limited direction given by the High Court and not disturbed by
this Court was to permit the petitioners to work on the concerned
posts and to pay them regular salary as and when the same accrues
to them – Grievance of the petitioners in the first set of contempt
petitions was that the respondents have appointed them afresh
instead of reinstatement with continuity of service along with arrears
of wages and thus have wilfully violated the direction of this Court
– The expression used is only “to permit the petitioners to work on
the posts” which were held by them at the time of their termination
and “to pay them regular salary month by month” and “as and
when the same accrues to them” – It is not a case of wilful
disobedience of the orders of the Court.
Contempt of Court: Civil contempt – The second set of contempt
petitions, emanate from termination order issued by the respondents
– These petitions essentially proceed on the allegation that the
respondents committed wilful disobedience of the order of this Court
in not affording prior opportunity of hearing to the petitioners and
similarly placed persons despite express direction contained in the
said order – High Court had set aside the termination order issued
by the respondents, solely on the ground that it was in violation of
principles of natural justice – At the same time, liberty was given to
the respondents to pass a fresh order in accordance with law
including by undertaking exercise of segregating the tainted from
the untainted candidates – Had the respondents concluded that it
was possible to segregate tainted from untainted candidates, they
would have been obliged to comply with the directions given by the High Court and restated by this Court to afford prior opportunity
of hearing to the petitioners and similarly placed persons before
passing fresh, reasoned order – However, from the subject
termination order which is a speaking order, it is crystal clear that
after due enquiry and taking into consideration all aspects of the
matter, in particular the enquiry reports and the opinion of the
experts including final report of SIT, the respondents were of the
considered opinion that it was not possible to segregate tainted from
the untainted candidates for reasons recorded in that order – In
light of the conclusion reached by the respondents that it was not
possible to segregate the tainted from the untainted candidates, in
law, it must follow that the respondents could annul the entire
selection process and pass the impugned order without giving
individual notices to the petitioners and similarly placed persons –
Thus, there was nothing wrong in respondents issuing the said
termination order without affording prior opportunity to the
petitioners and similarly placed persons.
Constitution of India: Arts 32 and 226 – If the termination
order is assailed on the ground of violation of principles of natural
justice or fundamental rights guaranteed under Part III of the
Constitution, such a grievance can be brought before the
constitutional Court including by way of writ petition under Art.32
of the Constitution of India – It is a different matter that this Court
may be loath in entertaining the grievance directly under Art.32
and instead relegate the petitioner(s) before the High Court to first
exhaust the remedy under Art.226 of the Constitution of India – In
the present case, there are other proceedings pending in the form
of contempt petitions and a transfer petition wherein the termination
order is the subject matter – Thus, the arguments in these cases will
be overlapping – In that, the self-same order has been impugned in
the writ petition filed before this Court – The fact that other affected
similarly placed persons have filed writ petitions directly before the
High Court and which are stated to be pending, can be no
impediment for this Court in entertaining and deciding the writ
petition – For, the issue regarding the purport of orders passed by
this Court needs to be answered appropriately in contempt petitions
only by this Court – It is not open to the High Court to interpret or
explain the order passed by this Court in previous proceedings
between the parties – High Court can only follow the dictum of this Court which is binding on it – Accordingly, the preliminary objection
taken by the respondents regarding the maintainability of writ
petition under Art.32 of the Constitution by similarly placed persons
directly filed before this Court to assail the impugned order which
is also subject matter of second set of contempt petitions is not
sustainable – Contempt of court.