Ram Prakash Singh vs Sadakant Prin. Secy. Awas Evam ...
2015 Latest Caselaw 2700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 1996 of 2015
 

 
Applicant :- Ram Prakash Singh
 
Opposite Party :- Sadakant Prin. Secy. Awas Evam Shahari Niyojan & Another
 
Counsel for Applicant :- Omendra Pratap Singh,Surendra Pratap Singh
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard.

Petitioner has filed instant writ petition alleging willful disobedience of the final judgment and order dated 14.10.2014 passed in Writ Petition No. 21(SB) of 2011.

The writ court vide judgment and order dated 14.10.2014 gave liberty to the authority concern to take decision in the said direction as to whether Appointing Authority still indents to hold further inquiry and accordingly appropriate orders be passed and during this period, entire suspension allowance i.e. due till today is directed to be paid to the respondent no.1 Ram Prakash Singh within next three months from the date of production of certified copy of the order. In case Appointing Authority does not intend to undertake further enquiry then as directed by Tribunal, consequential benefits be extended within the same specified period as already mentioned.

According to the petitioner, the copy of the aforesaid order was served upon the contemnor on 21.10.2014 through registered post but authorities remained idle. After lapse of about 8 months, the order dated 15.6.2015 was passed whereby fresh enquiry was ordered and the petitioner be deemed to be under suspension. While passing the order dated 15.6.2015, the Enquiry Officer/Commissioner, Lucknow Division, Lucknow was directed to conclude the inquiry within a month. It has been pointed out that the Enquiry Officer had written a letter dated 9.7.2015 for supply of complete record pertaining to enquiry but till date neither charge sheet has been issued nor petitioner has been paid arrears of salary/allowance as per direction contained in the judgement dated 14.10.2014.

After considering the submissions of the petitioner and perusal of record, prima-facie a case for contempt is made out.

Issue notice to opposite parties fixing 4.11.2015.

On that date opposite parties shall appear in person before this court to show cause as to why proceedings under the Contempt of Court may not be initiated for willful disobedience of the aforesaid order. It is clarified, that if the order of the writ court is complied with in its true spirit before the date fixed, the opposite parties need not appear on the date fixed and shall file only an affidavit of compliance of the order.

Counsel for the petitioner is directed to furnish a copy of the petition to Standing Counsel, who shall transmit the same to the opposite party alongwith gist of order at the earliest for information and compliance.

List on 4.11. 2015 before the appropriate bench.

Order Date :- 28.9.2015

MH/-