National Federation Of Atomic Energy Thr Secr Sreedharan v. Ajit Kumar Mohenty And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.556 OF 2025 National Federation of Atomic Energy Employees (NFAEE) & Ors.

.. Petitioners Vs.

Ajit Kumar Mohanty & Ors.

.. Respondents Mr. Ramesh Ramamurthy a/w. Mr. Saikumar Ramamurthy a/w. Ms. Seema Sorte, Advocates for the Petitioner.

Mr. Pralhad Paranjpe a/w. Ms. Gargi Warunjikar a/w. Mr. Ashutosh Mishra a/w. Amrendra Mishra, Advocates for the Respondents. CORAM : SHREE CHANDRASHEKHAR & AARTI SATHE, JJ DATE : 22ND AUGUST 2025.

P.C. :

This contempt petition has been filed by the National Federation of Atomic Energy Employees ('NFAEE') and its office bearers aggrieved by the circular dated 16th June 2025 issued under the signature of the Administrative Officer- III (V&G) whereunder a caution has been issued to the employee of the Bhabha Atomic Research Centre Facilities, Department of Atomic Energy that the government servant not obtaining prior permission for holding elective office in any Association, recognized or unrecognized, and also holding any elective office in any Association for a period of two terms or for a period of 5 years, whichever is earlier, would be committing misconduct under the provision of CCS(Conduct) Rules, 1964.

VAISHALI ANIL TIKAM VAISHALI ANIL TIKAM Date: 2025.09.02 17:01:39 +0530 2.

Mr. Ramesh Ramamurthy, the learned counsel for the petitioners refers to the order dated 15th April 2025 passed in Writ Petition No. 12666 of 2024 to demonstrate that the abovementioned stipulation under clause 5 of the circular dated 16th June 2025 has been issued in clear 1/2 34-CP 556 of 2025.doc Tikam

violation of the declaration made by this Court and, thereby, Mr. Shailesh Naik, the Administrative Officer-III(V&G) has made himself liable to be prosecuted under the provisions of the Contempt of Courts Act, 1971. The petitioners are also aggrieved by an instruction issued to the election officer to put the proposed election on hold. 3.

Mr.Pralhad Paranjpe, the learned counsel for the Department of Atomic Energy has raised a preliminary objection on the ground that nonparties to the writ petition and different causes of action have been clubbed together and, therefore, this contempt petition is not maintainable.

4.

Sustaining the objection raised on behalf of the proposed contemnors, this contempt petition is disposed of with a liberty to the petitioners to avail of remedy as available in law. But a caution to the officers of the Department of Atomic Energy is issued. They shall not issue any instruction contrary to the declaration by the writ Court in its judgment dated 15th April 2025 in Writ Petition No. 12666 of 2024. 5.

Contempt Petition No. 556 of 2025 is disposed of. [ AARTI SATHE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 2/2 34-CP 556 of 2025.doc Tikam