Allahabad High Court
Ram Pal Chaudhary vs Mr. Ratnesh Srivastava, D.F.O. ... on 25 July, 2017
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
? A.F.R.
Court No. - 8
Case :- CONTEMPT No. - 1417 of 2017
Applicant :- Ram Pal Chaudhary
Opposite Party :- Mr. Ratnesh Srivastava, D.F.O. Prabhagiya Nideshak Samajik V
Counsel for Applicant :- Suraj Narain Srivastava
Hon'ble Rakesh Srivastava,J.
Heard Shri Suraj Narain Srivastava, learned counsel for the applicant.
On 19.05.1995 a Reference Petition No. 124 II of 1998 (Ram Pal Chaudhary v. State of U.P. & Ors.) was allowed by the State Public Services Tribunal, Indira Bhawan, Lucknow, and it was held that the petitioner be allowed to continue in service throughout and he should be paid all the consequential service benefits including the arrears of salary, allowances and seniority etc. It was further directed that the opposite parties make compliance of the said order within three months from the date of its communication.
The order dated 19.05.1995 passed by the State Public Services Tribunal, Indira Bhawan, Lucknow, was assailed by the respondent no. 1 to the Reference Petition No. 124 II of 1998, before this Court in Writ Petition No. 550 (S/S) of 1996 (State of U.P. & Ors. v. Ram Pal Chaudhary & Anr.). On 20.03.2017 the said writ petition was dismissed. The operative portion of the order dated 20.03.2017 is being quoted below:
"6. In substance, we find that charge was not proved against claimant-respondent by cogent evidence and only on conjectures and surmises, order of dismissal was passed. Therefore, ultimate decision of Tribunal that dismissal order was bad in law cannot be said to be faulty in any manner.
7. Writ petition lacks merit. Dismissed."
This contempt petition has been filed for initiating action against the respondents for deliberate disobedience of the order dated 20.03.2017 passed by this Court in Writ Petition No. 550 (S/S) of 1996 (State of U.P. & Ors. v. Ram Pal Chaudhary & Anr.). By means of the order dated 20.03.2017, the writ petition preferred by the State of U.P., was dismissed without substituting, altering or modifying the order dated 19.05.1995 passed by the State Public Services Tribunal, Indira Bhawan, Lucknow, and as such, prima facie, no contempt of the order dated 20.03.2017 passed by this Court is made out.
Under Section 5-A of the Uttar Pradesh Public Services (Tribunal) Act, 1976 (for short 'Act') the State Tribunal has and exercises, jurisdiction, powers and authority in respect of contempt of itself as the High Court has, and may exercise, in respect of contempt of itself, and for this purpose the provisions of the Contempt of Courts Act, 1971 mutatis mutandis, apply.
The applicant has an efficacious remedy of moving an application under Section 5-A of the Act for initiating action against the respondent for deliberate disobedience of judgment and order dated 19.05.1995 passed by the Tribunal.
In view of the above, the contempt petition is dismissed with liberty to the applicant to avail the remedy available to him under Section 5-A of the Act.
Order Date :- 25.7.2017
Deepak
