New Delhi Palika Karamchari Sangh v. Krishana Mohan Uppu & Ors

O R D E R %

06.11.2024 CM APPL. 64785/2024 – EXMP.

¶1Allowed, subject to all just exceptions.

¶2The application stands disposed of. CONT.CAS(C) 1737/2024

¶3The petitioner is seeking initiation of the contempt proceedings against the respondents for wilful disobedience and non-compliance of undertaking given by their counsel as contained in the order dated

13.10.2022 passed in W.P.(C) 14492/2022.

¶4Learned counsels for the respondents are present on advance notice.

¶5Shorn of unnecessary details, the petitioner, which is a registered Trade Union, was aggrieved of inaction on the part of the respondents in not framing a policy of rotation or transfer in This is a digitally signed order. accordance with the directions of the Supreme Court in SLP (Civil) No. 82/2011 titled as 'T.S.R. Subramanian & Ors. v. UOI & Ors.' besides other guidelines of CVC1. A statement was given on the aforementioned date by the learned counsel for the NDMC2 that the framing of policy was under active consideration of the competent authority.

¶6Evidently, an office memorandum has been issued on

15.12.2022 by the respondent No.1 thereby, notifying that the policy as directed by the Supreme Court and by various instructions of the CVC shall be applicable to all categories of employees under administrative control of the Chairman, NDMC.

¶7The grievance of the learned counsel for the petitioner is that although the policy appears to have been implemented on papers, it has not been given any effect and no rotation or transfer has taken place pursuant thereto.

¶8Ex facie, the remedy lies elsewhere and not in the present contempt proceedings. There is no iota of a word in the petition as to how and in what manner or who at all is eligible for rotation or transfer and has not been considered. If any individual member of the petitioner union is aggrieved, he/she shall be at liberty to seek appropriate relief from the competent forum. This contempt petition certainly does not lie.

¶9Accordingly, the present contempt petition is dismissed.

DHARMESH SHARMA, J. NOVEMBER 06, 2024/sm

1 Central Vigilance Commission 2 New Delhi Municipal Council This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1737/2024 NEW DELHI PALIKA KARMCHARI SANGH .....Petitioner Through: Mr. Kanhiya Lal and Mr. Hem Kumar, Advs. versus KRISHAN MOHAN UPPU & ORS. .....Respondents Through: Ms. Rashmi Chopra and Mr. Parikshit Singh Bhatia, Advs. Mr. Rakesh Kumar, CGSC with Mr. Sunil, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA