Shiv Chand vs Sri Shiv Dutt Sharma, Basic ...
2014 Latest Caselaw 937 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2267 of 2010
 
Applicant :- Shiv Chand
 
Opposite Party :- Sri Shiv Dutt Sharma, Basic Shiksha Adhikari, Muzaffar Nagar
 
Counsel for Applicant :- Pramod Kumar Srivastava
 
Counsel for Opposite Party :- A.K.Sharma,A.K.Srivastava,S.C.
 
Hon'ble Ran Vijai Singh,J.

A supplementary counter affidavit has been filed by Sri Virendra Chaubey, learned counsel for opposite party no.2 which is taken on record.

Heard Sri P.K.Srivastava, learned counsel for the applicant and Sri Virendra Chaubey, learned counsel for the opposite party.

This  contempt application has been filed for punishing  the opposite party for willful  disobedience of the order 21.7.2009 by which this Court has directed to grant pension to the petitioner within two months from the date of presentation of a certified copy of the order of this Court. It is not in dispute that the order of this Court was served upon the opposite party on 6.8.2009 but the petitioner's pension has not been released.  The oppoiste party  has come up with the case they they have filed an application seeking recall of th eorder dated 21.7.2009 in the year 2010.

After expirty of the time granted by this Court to grant pension to the petitioner no action has been taken till date.  This Court cannot wait for the disposal of the recall application for compliance of the order dated 21.7.2009.

Prima facie, a case for willful disobedience of the order of this Court dated 21.7.2009 has been made out.

The Basic Shiksha Adhikari, opposite party no.2 is directed to appear in person before Court on 1st May, 2014 for framing of charges.

However, in case  the order is complied with in letters and spirit or even provisional pension is paid to the petitioner by that time he need not to appear before the Court provided he files  an affidavit of compliance.

List on 1st May, 2014.

Order Date :- 16.4.2014

samz