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Judgment
ORDER
Ms. Harvinder Kaur Oberoi:
The present Contempt Petition has been filed by the petitioner alleging wilful and deliberate non-compliance of the order dated 28.05.2025 passed by this Tribunal in OA No. 1794/2024.
Learned counsel for the petitioner submits that the petitioner had joined the Medical Stores Organisation under DGHS in 1982 and, despite being eligible for in-situ promotions, was denied the same on account of departmental and criminal proceedings initiated against him. The petitioner was ultimately fully exonerated in all the departmental proceedings, and the criminal proceedings were also dropped. He retired from service on attaining the age of superannuation on 31.07.2010.
It is submitted that, pursuant to the directions of this Tribunal, the petitioner was subsequently granted retrospective in-situ promotion to the post of Assistant Director General w.e.f. 01.10.2000. Thereafter, the petitioner filed OA No. 1794/2024 seeking, inter alia, in-situ promotion to the post of Deputy Director General. The said OA was allowed vide order dated 28.05.2025, whereby the respondents were specifically directed to send the proposal for the petitioner’s promotion to DDG to the UPSC, based on the previous readily available ACRs, within six weeks from the date of receipt of the certified copy of the order. The UPSC was thereafter directed to consider and grant the petitioner in-situ promotion to the post of DDG as per rules and law.
Learned counsel submits that the certified copy of the aforesaid order was duly served upon the respondents on 12.06.2025, but despite expiry of the stipulated period of six weeks, the respondents have failed to comply with the directions of this Tribunal. Neither has the proposal been forwarded to the UPSC within the prescribed period nor has the petitioner been informed of any compliance. No extension of time was sought by the respondents, and the order dated 28.05.2025 has neither been stayed nor set aside by any superior court.
It is therefore submitted that the continued inaction on the part of the respondents is wilful, deliberate and contumacious and amounts to disobedience of the binding directions of this Tribunal. Learned counsel further submits that the petitioner, being more than 75 years of age, ought not to be made to suffer any further on account of such inaction. Accordingly, it is prayed that appropriate proceedings be initiated against the respondents for non-compliance of the order dated 28.05.2025 and necessary directions be issued to ensure its immediate compliance.
Learned counsel for the respondents submits that the respondents have the highest regard and respect for the orders passed by this Tribunal and there has been no wilful or deliberate disobedience of the directions contained in the aforesaid order.
Learned counsel further submits that, in compliance with the order dated 28.05.2025, the respondents duly processed the case of the petitioner for grant of in-situ promotion and forwarded the requisite proposal to the UPSC for his in-situ promotion from S-III level (Rs. 12,000–16,500) to S-IV level (Rs. 14,300–18,300) under the In-Situ Promotion Rules, 1990. The said proposal has already been accepted by the UPSC vide its letter dated 02.07.2026, which has been placed on record as Annexure CP/R-1.
It is therefore submitted that the respondents have already taken the necessary steps in terms of the directions issued by this Tribunal and have duly forwarded the petitioner’s proposal to the UPSC, which has since accepted the same. The remaining formalities, if any, are procedural in nature and are required to be completed before the order can be given complete effect. Accordingly, there is no wilful, intentional or deliberate disobedience of the order dated 28.05.2025 on the part of the respondents. Learned counsel therefore submits that the respondents have substantially complied with the directions of this Tribunal and the contempt proceedings, in the circumstances, deserve to be closed.
We have heard the learned counsel for the parties and perused the pleadings available on record.
Learned counsel for Respondent No. 3 has also drawn our attention to the notice stated to have been received from the CAT, Principal Bench, New Delhi, wherein Lt. Gen. Raj Shukla (Retd.), Hon’ble Member, has been impleaded and shown as the Secretary, UPSC. It is submitted that the said description is not correct and does not reflect the present incumbent holding the office of Secretary, UPSC.
It is noticed that, vide order dated 17.07.2026, this Tribunal had directed Respondent No. 2, namely Dr. Atul Goel, Director General, Directorate of Health Services, to remain personally present before the Tribunal on the next date of hearing in view of the delay in filing the status/compliance affidavit.
Learned counsel for the respondents submits that the respondents have since filed the status/compliance affidavit and that the proposal concerning the petitioner’s in-situ promotion has also been forwarded to the UPSC, which has accepted the same vide its letter dated 02.07.2026. It is, therefore, submitted that the respondents have substantially complied with the directions contained in the order dated 28.05.2025.
However, having regard to the fact that the matter concerns further compliance of the directions issued by this Tribunal and the present incumbent of the office of Director General, Directorate of Health Services, is now required to report compliance, we deem it appropriate to direct the petitioner to take necessary steps for impleading the current incumbent holding the said office as a party respondent.
In view of the aforesaid submission made on behalf of Respondent No. 3 and in order to ensure effective and complete compliance of the directions contained in the order dated 28.05.2025, the applicant/petitioner is also directed to take necessary steps for impleading the current incumbent of the office of Secretary, UPSC, as a party respondent, in addition to the current incumbent of the office of Director General, Directorate of Health Services.
Accordingly, the applicant/petitioner shall file appropriate applications for impleadment of (i) the current incumbent holding the post of Director General, Directorate of Health Services, and (ii) the current incumbent of the office of Secretary, UPSC, within one week.
Upon such impleadment, the Registry shall issue notices to the newly impleaded respondents, namely, the current incumbent of the office of Director General, Directorate of Health Services, and the current incumbent of the office of Secretary, UPSC, requiring them to file status/compliance reports indicating the steps taken pursuant to the order dated 28.05.2025 and the present status of compliance, before the next date of hearing.
In view of the aforesaid directions, the personal appearance of Respondent No. 2, Dr. Atul Goel, is dispensed with for the present. MA No. 3924/2026 shall also stand disposed of.
List the CP for further compliance on 12.10.2026.