Facts
The petitioner filed a contempt petition alleging wilful non-compliance with the Tribunal’s order dated 11 December 2025 in O.A. No. 4726/2025.
Source reference: p. 2, para. 1In that order, the respondents were directed to consider the petitioner’s pending representation dated 15 September 2024 and pass a reasoned and speaking order concerning her entitlement to ACP/MACP benefits, as well as the grant of one notional increment with effect from 1 May 2023, within eight weeks of receipt of the certified order.
Source reference: p. 2, para. 1The respondents submitted that they had complied by issuing a detailed communication and order dated 21 August 2026 concerning the notional increment and consideration of 50% of the petitioner’s past service for ACP/MACP purposes, in addition to an order dated 17 April 2026.
Source reference: p. 2, para. 2The petitioner opposed closure, contending that the respondents had not specified the dates from which ACP/MACP benefits were granted and that the benefits had not actually accrued to her.
Source reference: p. 3, para. 3Issues
1. Whether the respondents had complied with the Tribunal’s order dated 11 December 2025 by taking reasoned decisions on the petitioner’s claim for a notional increment and ACP/MACP benefits.
Source reference: p. 2, para. 1; p. 4, para. 52. Whether the contempt petition should remain pending where the petitioner’s grievance concerned the correctness or completeness of the subsequent communication rather than non-compliance with the original order.
Source reference: p. 3, para. 3; p. 4, paras. 5–6Law Applied
The Tribunal applied the principle that contempt jurisdiction is concerned with wilful disobedience of a subsisting judicial direction and does not ordinarily extend to adjudicating the correctness or merits of a decision taken in purported compliance.
Source reference: p. 2, para. 1; p. 4, para. 5The operative direction in the original proceedings required the respondents to consider the petitioner’s representation and pass appropriate, reasoned and speaking orders; it did not itself grant ACP/MACP benefits or decide the petitioner’s substantive entitlement.
Source reference: p. 2, para. 1; p. 4, para. 5Where an aggrieved party remains dissatisfied with the decision taken pursuant to such a direction, the appropriate remedy is to challenge that decision before the competent forum in accordance with law.
Source reference: p. 4, para. 5Reasoning
The Tribunal noted that its earlier order expressly refrained from examining the merits of the petitioner’s entitlement to ACP/MACP benefits and the notional increment.
Source reference: p. 4, para. 5Its direction was limited to requiring the respondents to consider those claims and issue appropriate orders.
Source reference: p. 4, para. 5Since the respondents had issued communications and orders dealing with both the notional increment from 1 May 2023 and the petitioner’s representation concerning ACP/MACP benefits, the essential direction had been complied with.
Source reference: p. 4, para. 5The petitioner’s objection that the dates and actual accrual of benefits had not been properly specified raised a grievance regarding the substance or adequacy of the subsequent decision, not a sufficient basis to continue contempt proceedings.
Source reference: p. 4, paras. 5–6The Tribunal therefore left the petitioner at liberty to pursue an appropriate legal remedy against the communication dated 21 August 2026.
Source reference: p. 4, paras. 5–6Holding
The Tribunal held that the respondents had taken appropriate decisions on both matters covered by the order dated 11 December 2025 and that no useful purpose would be served by keeping the contempt petition pending.
C.P. No. 218/2026 was accordingly closed, the notices were discharged, and the petitioner was granted liberty to agitate any remaining grievance in accordance with law.
Source reference: p. 4, para. 6Original Court PDF
SANTOSH SHARMAvsSH. SANJEEV KHIRWAR, COMMISSIONER, MUNICIPAL CORPORATION OF DELHI
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Contempt proceedings cannot continue where respondents comply by passing the directed reasoned orders.. SANTOSH SHARMA vs SH. SANJEEV KHIRWAR, COMMISSIONER, MUNICIPAL CORPORATION OF DELHI. CAT - ['Delhi']. LawLens](/stories/thumbnails/contempt-proceedings-cannot-continue-where-respondents-comply-by-passing-the-directed-reas-f23d34bc50db4452bfe93b3d986ee504.webp)