Allahabad High Court
Suman Singh vs Sachchida Nand Dwivedi, ... on 24 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1948 of 2021
Applicant :- Suman Singh
Opposite Party :- Sachchida Nand Dwivedi, Secretary And Chief Executive Officer
Counsel for Applicant :- Varda Vasu Priya
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
By order dated 19.11.2019 passed in Writ A No. 18344 of 2019 filed by the applicant, the Court directed as under:
''Petitioner has superannuated on 31.5.2019 from the employment of the District Cooperative Bank, Gorakhpur. He has approached this Court with the grievance that though he has superannuated but none of his retiral dues have been paid to him.
Learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Dev Prakash Tewari Vs. U.P. Cooperative Institutional Service Board, 2014 (7) SCC 260 to submit that after superannuation the respondents have no jurisdiction to initiate disciplinary proceedings.
Learned counsel for the petitioner states that the service Rules have been amended and the provisions of the Civil Services Regulation 351(a) and other enabling provisions applicable to employees of government have been made applicable upon the employees of the cooperative societies also. It is stated that certain financial irregularities have been noticed and an inquiry is pending on account of which petitioner's claim has not been processed so far.
Learned counsel for the petitioner states that a period of four months have expired and the authorities have not concluded the proceedings.
Be that as it may, in the facts and circumstances of the present case it would be appropriate to dispose of this petition, requiring the respondents to take a final decision in the matter relating to payment of retiral dues to the petitioner, within a period of three months from the date of presentation of certified copy of this order. Liberty stands reserved to the respondents to proceed in the matter, in accordance with law. ''
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped 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 party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate it to the applicant through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.6.2021
Rahul.
