Nainital: The Uttarakhand High Court has issued show-cause contempt notices to three senior state officials for allegedly violating an interim judicial order that protected 2009 batch Indian Forest Service (IFS) officer Pankaj Kumar from being moved out of his post.
Justice Pankaj Purohit directed Principal Secretary (Forest) R.K. Sudhanshu (IAS:1997), Joint Secretary, Environment and Forests, Mukesh Kumar Rai, and Principal Chief Conservator of Forests (PCCF) R.K. Mishrato explain why contempt proceedings should not be initiated against them for allegedly disregarding the High Court’s earlier directions.
Transfer Issued Despite High Court’s Interim Protection
The contempt proceedings arise from an April 13 transfer order, through which Pankaj Kumar, who was serving as Director and Conservator of Forests, Nanda Devi Biosphere Reserve, Gopeshwar, was transferred as Conservator of Forests, Kumaon South, Nainital.
The order also assigned him the additional charge of Regional Manager, Uttarakhand Forest Development Corporation.
According to the petition, the transfer order was issued despite an earlier order passed by a Division Bench of the High Court directing that “no movement order shall be issued” while the matter remained under judicial consideration.
IFS Officer Moved High Court After Representation
Pankaj Kumar challenged the transfer, describing it as a premature administrative transfer in violation of the court’s interim protection.
Before approaching the court through contempt proceedings, Kumar submitted a representation to the state government requesting that the transfer order be withdrawn in compliance with the High Court’s earlier directions.
When no action was taken on his representation, he filed a civil contempt petition under Section 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the court’s order.
Petition Alleges Wilful Disobedience
The contempt petition argues that the authorities were legally bound to comply with the Division Bench’s order and could not have issued any transfer or movement order affecting the officer’s posting while the case was still pending before the High Court.
The petitioner has alleged that issuing the April 13 transfer order amounted to a deliberate violation of the judicial directive.
Series of Legal Challenges Facing Forest Department
The latest contempt proceedings come amid a series of legal cases involving senior officials of the Uttarakhand Forest Department.
In June, the High Court reportedly issued separate contempt notices to R.K. Sudhanshu and PCCF R.K. Mishra in matters concerning:
- Alleged non-return of personal scientific equipment and logistical assets belonging to wildlife researcher Subir Mario.
- Alleged failure to comply with court directions regarding the grant of ₹1,500 grade pay to daily-wage workers.
Separately, on June 21, the Central Administrative Tribunal (CAT) issued notices to the same officials in a case relating to the alleged downgrading of the Annual Performance Assessment Report (APAR) of Magsaysay Award-winning IFS officer Sanjiv Chaturvedi without recorded reasons.
The Tribunal sought responses from the concerned officials in that matter as well.
Court Seeks Replies from Officials
Justice Pankaj Purohit has directed the three officials to file their replies explaining why contempt proceedings should not be initiated against them.
The High Court will examine whether the issuance of the April 13 transfer order constituted wilful and deliberate disobedience of its earlier interim order.
Legal experts note that in contempt matters involving service disputes, courts generally examine whether the alleged violation was intentional. If deliberate non-compliance is established, the court may hold officials personally liable, impose costs, or direct departmental action.
The matter will now proceed after the respondents submit their explanations, following which the High Court will decide whether contempt proceedings should continue.
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