Nagendra Chaturvedi vs Mahendra Mohdi, Addl. Dir. ...
2015 Latest Caselaw 2675 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 1578 of 2015
 

 
Applicant :- Nagendra Chaturvedi
 
Opposite Party :- Mahendra Mohdi, Addl. Dir. General Of Police & Another
 
Counsel for Applicant :- Ajay Pratap Singh
 
Counsel for Opposite Party :- C.S.C.
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

An affidavit of compliance has been filed by Sri Mahendra Modi, Additinal Director General of Police SIT, Lucknow, stating therein that in compliance of the order , pay fixation of the petitioner has been done but  on account of liberty having been granted by the Court, a decision has been taken to initiate de novo proceedings against the petitioner. Therefore, now there is nothing left to be complied with and the notice issued to the respondent is liable to be discharged.

On the other hand, learned Counsel for the petitioner has argued that there is no complete compliance as in view of the order of the writ court, the petitioner is entitled to get all consequential benefits and the instant disciplinary proceedings are independent proceeding and arrears of  salary cannot be subject to outcome of future decision to be taken after the submission of enquiry report.

Considering the submissions, this court feels that there is no complete compliance of the order of the writ court. List this case on 15.10.2015.  On the said date, opposite party will appear  for framing of charges. However, it is clarified that if the order is complied with in its letter and spirit, the opposite party no.1 need not appear on the date fixed.

Order Date :- 24.9.2015

MH/-