Om Prakash Pandey vs R.C. Srivastava
2021 Latest Caselaw 10307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6784 of 2018
 

 
Applicant :- Om Prakash Pandey
 
Opposite Party :- R.C. Srivastava
 
Counsel for Applicant :- Sudhanshu Pandey,Ashutosh Mishra
 
Counsel for Opposite Party :- Rajnish Kumar Rai
 

 
Hon'ble Prakash Padia,J.

List of fresh cases has been revised. Nobody is present on behalf of the applicant though Shri Rajnish Kumar Rai is present on behalf of opposite party.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 24.04.2018 passed in Writ A No.30025 of 2014 (Om Prakash Pandey Vs. Central Administrative Tribunal & 4 Others). The operative portion of the order is reproduced hereinbelow:-

"10. Accordingly, this writ petition is allowed. Impugned judgment dated 28.5.2013 passed by Tribunal is modified to the extent that direction of Tribunal that petitioner shall not be entitled to back wages is hereby set aside. We hold that petitioner shall be entitled to all consequential benefit including back wages. "

Today when the matter is taken up, an affidavit of compliance has been filed by Shri Rajnish Kumar Rai, counsel appearing on behalf of opposite party, which is taken on record. It is stated in paragraph-8 of the affidavit of compliance that the order passed by the writ court has already been complied with by the opposite party vide orders dated 06.02.2019, 15.02.2019, 26.02.2019 and 07.03.2019 in its letter and spirit, which were appended as Annexure No.SCA-1 of the affidavit of compliance, therefore, no cause of action remained survive.

In view of the same, the present contempt application is dismissed.

Order Date :- 13.8.2021

Swati