Madhya Pradesh High Court Issues Contempt Notice To State Social Justice Department's Joint Director For 'Misquoting' Court Order

The high court in its order noted that Joint Director had "deliberately passed an erroneous order" treating the petitioner as skilled and giving benefit of skilled grade by wrongly mentioning that it is being done under the directions of the High Court. It asked the officer to explain why the order has been misquoted even though there is no direction to give benefit to petitioner to treat him as skilled.

Justice Gurpal Singh Ahluwalia observed, “It is clear that no direction was given by this Court to treat the petitioner as skilled but only direction was to decide the representation. Under these circumstances, it is clear that Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities, Gwalior Division Gwalior has deliberately passed an erroneous order dated 05.03.2024 thereby treating the petitioner as skilled by wrongly mentioning that it is being done under the directions of the High Court.”

"Issue Contempt Notice to petitioner as well as to Shri Shashank who had signed the order dated 05.03.2024 in the capacity of Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities, Gwalior Division Gwalior. Office is directed to register a separate case under the Contempt of Courts Act...Similarly, Shri Shashank who had signed order dated 05.03.2024 in the capacity of Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities, Gwalior Division Gwalior to explain that why the order High Court has been misquoted and even when there is no direction to give benefit to petitioner by treating him as skilled, has passed a seven line order mentioning therein that under the orders of High Court petitioner is being treated as skilled. Notice to Shri Shashank shall be served through Commissioner, Department of Social Justice and Empowerment of Persons with Disabilities, Bhopal. Notice to Shri Shashank, the then Joint Director shall be served through Collector, Gwalior as well," the court directed. 

The court was hearing a plea moved by a man seeking a direction to the respondents that he given the benefit of an October 2016 Government Circular and to pay the arrear of difference of salary w.e.f. September 1, 2016 after notional fixation from the date of petitioner's initial appointments.

During the hearing on February 18 the petitioner's counsel submitted that the present petition has been rendered infructuous since the Deputy Collector in order dated February 13 had held that the High Court by order dated August 9, 2024 passed in W.P. No.23542/2024 directed to give the benefit of skilled grade with effect from October 1, 2014 and so the permission had been granted.

However, the record of Writ Petition No.23542 of 2024 was requisitioned and the Court did not find any order dated August 9, 2024 in the said writ petition. On the contrary, it noted that the petitioner had filed a petition claiming that although he has been granted the skilled grade with effect from March 5, 2024 but he should have been granted skilled grade with effect from September 29, 2014.

After hearing the parties, the Court said, “There appears to be some forgery because in Writ Petition No.23542 of 2024 order dated 09.08.2024 was never passed and in the order dated 13.02.2025 it is mentioned that this Court by order dated 09.08.2024 passed in Writ Petition No.23542 of 2024 has directed to give the benefit of skilled grade with effect from 01.10.2014.”

Further, the court referred to Writ Petition No.23542 of 2024 wherein the petitioner had relied upon order dated March 5, 2024 passed by Joint Director, Department of Social Justice and Empowerment of Persons with Disabilities, Gwalior Division Gwalior in which it was mentioned that High Court by order dated January 24, 2024 passed in another separate Writ Petition had directed to treat petitioner as skilled and accordingly in the light of that order it was held that petitioner shall be treated as skilled.

However, court reproduced the said order and clarified that no such direction was given by the High Court; the only direction given was to decide the petitioner's representation.

Thus, the court held that that the order dated February 13 passed by the Deputy Collector had been obtained by filing some forged document. Hence, the court stayed this order.

The court thus issued the contempt notice to the Joint Director.

Case Title: Rajendra Soni Versus The State Of Madhya Pradesh And Others, Writ Petition No. 728 Of 2019

Citation: 2025 LiveLaw (MP) 45