Non-compliance in compassionate appt: HC issues contempt to police officials
Bharti was compulsorily retired in 2017, but after his death, his service was reinstated following a High Court directive. The delay in implementing the court's order prompted a contempt petition, highlighting the broader issue of over 1,100 such petitions filed this year due to non-compliance by authorities.
The case involves the late Boond Ram Bharti, who was compulsorily retired from service as an Assistant Sub-Inspector (ASI) by DIG (Administration), Raipur, on 18 Aug 2017.
Following his death, the Home secretary cancelled the compulsory retirement order, making his dependents eligible for compassionate appointment, as per a High Court order. However, despite the High Court's directive to provide a compassionate appointment within 90 days, Vikki Bharti, son of Boond Ram Bharti, has not yet received the appointment in the police department.
Counsels Abhishek Pandey and Priya Agrawal filed a contempt petition in the High Court.
They informed the court that senior police officers are failing to comply with court orders within the stipulated timeframe. This non-compliance resulted in 1,149 contempt petitions being filed between Jan and July this year, consuming valuable court time. The counsels cited provisions for six months imprisonment and Rs 2,000 fine in contempt cases.
The counsels sought action against the DIG and SP under Section 12 of the Contempt of Courts Act, 1971.
Taking serious note of the matter, the High Court issued notices to the senior police officers, seeking their replies.
Clarifying the restoration of Boond Ram Bharti's service after his death, counsel Pandey said that many govt employees over the age of 50 were compulsorily retired under a govt scheme following an assessment of their performance and alleged poor service records. Boond Ram, along with several other affected employees, challenged the compulsory retirement orders in the High Court.
In response, a committee was constituted to review the cases in accordance with the court's directive.
The committee subsequently recommended the reinstatement of several employees, including Boond Ram Bharti. However, in the interim, Boond Ram passed away, and his service was reinstated 21 days after his death, the counsel informed the court.
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