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Supreme Court of India 2020-01-23 dismissed

BAJRANG LAL SHARMA vs C.K. MATHEW

Bench: 3 — Uday Umesh Lalit, Indira Banerjee, M.R. Shah

In Brief

Bajrang Lal Sharma, a 1982-batch Administrative Officer, filed contempt petitions alleging that the State of Rajasthan violated this Court's judgments in Suraj Bhan Meena and Salauddin Ahmed by issuing a Notification dated 11.09.2011 providing consequential seniority to SC/ST candidates in promotion. The Court held that while the State's implementation was delayed, it was not a willful defiance, as the State appointed the Bhatnagar Committee to collect quantifiable data as directed. The Court ruled that the validity of the Notification must be tested in substantive writ petitions before the High Court, not through contempt jurisdiction. Administrative action, however incorrect, cannot be characterized as contempt merely by its incorrectness. The petitions were dismissed with a request to the High Court to dispose of pending writ petitions within six months.

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Constitutional Law Administrative Law Contempt of Court Reservation in Promotion Public Service SC/ST Rights Seniority and Promotion

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