Akhilesh Kumar Upadhyay vs Mr Praveen Kumar Tiwari
2021 Latest Caselaw 7905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2363 of 2021
 
Applicant :- Akhilesh Kumar Upadhyay
 
Opposite Party :- Mr Praveen Kumar Tiwari
 
Counsel for Applicant :- Dharmendra Kumar Dwivedi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 08.12.2020 passed by this Court in Writ Petition No. 45161 of 2017 (Akhilesh Kumar Upadhyay vs. State of U.P. and others).

The writ Court on 08.12.2020 while allowing Writ-A No. 45161 of 2017 quashed the order passed by BSA, Jaunpur and further directed the respondents to redetermine all emoluments payable to the applicant including salary, pension, provident fund and other entitlements. Copy of the judgment was served upon opposite party on 22.12.2020. Despite the said fact, no decision has been taken till date.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 08.12.2020 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 08.12.2020 passed by this Court in Writ Petition No. 45161 of 2017 from the date of production of a self verified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.

In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 13.7.2021/V.S.Singh