Amita Verma vs Union Of India Thru Director (S.R) ...
2017 Latest Caselaw 846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 8202 of 2005
 

 
Petitioner :- Amita Verma
 
Respondent :- Union Of India Thru Director (S.R) Karmik & Training & 3 Ors
 
Counsel for Petitioner :- Manish Jauhari,Ashok Shukla,Mohit Jauhari
 
Counsel for Respondent :- C S C,Dipak Seth,R.D. Shahi,Shamshad Alam
 

 
Hon'ble Vivek Chaudhary,J.

By order dated 08.08.2016 opposite party no. 3 Director, Tribal Welfare was required to file a supplementary counter affidavit indicating the current factual position as regard to functioning of petitioner, as also the reason for not allowing her to join. Thereafter, repeatedly the case was listed, but  said affidavit was not filed. By order dated 04.04.2017, it was directed that in compliance of order dated 08.08.2016, learned Standing Counsel was to further seek instructions as to whether any vacancy to accommodate petitioner, is available at present.

Matter was again listed on 19.04.2017. On that date again, on request of learned Standing Counsel, two weeks' further time was granted to seek instructions to comply order dated 08.08.2016. Thereafter, matter was listed on 08.05.2017. Despite aforesaid orders, since order dated 08.08.2016 was not complied, this Court directed the matter to be placed on 18.05.2017 and by the said date, respondent no. 3 Director was either required to comply with order dated 08.08.2016 or be present before this Court along with entire record.

Till date order dated 08.08.2016 has not been complied with. Today also respondent no. 3 Director, Tribal Welfare, Kalyan Bhawan, Lucknow is not present in Court and in his place  Additional Director is sent to this Court.

Even today, no counter affidavit in compliance of order of this Court dated 08.08.2016 has been filed. It is apparent from the order sheet that repeated orders of this Court have been ignored by the Director, respondent no.3 and have not been complied with. This shows a disobedience of this Court which is not expected from opposite party no.3. Today, again learned Standing Counsel has sought time to comply with the order dated 08.08.2016. 

In the aforesaid facts, one days' time is granted to the respondent no. 3 Director, Tribal Welfare to file his personal affidavit to comply with the orders dated 08.08.2016 and 04.04.2017.

For non compliance with the order of this Court for such a long period, a cost of Rs. 25,000/- is imposed in person on Sri Manoj Singh, Director, Tribal Welfare, Lucknow to be deposited in Court by time he filed the counter affidavit. This cost would be personally paid by Sri Manoj Singh and shall not be payable by State Government.

List on 19.05.2017.

Order Date :- 18.5.2017

psd

(Vivek Chaudhary,J.)