Allahabad High Court
Shahabuddin Khan Farooqui vs Deepak Kumar Tiwari Account ... on 25 March, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- CONTEMPT No. - 99 of 2021
Applicant :- Shahabuddin Khan Farooqui
Opposite Party :- Deepak Kumar Tiwari Account Officer To B.S.A. Unnao
Counsel for Applicant :- Suraj Narain Srivastava
Counsel for Opposite Party :- Rajiv Singh Chuahan
Hon'ble Chandra Dhari Singh,J.
In compliance to order dated 05.03.2021, Sri Deepak Kumar Tiwari, Finance and Accounts Officer, Basic Shiksha, Unnao is present in person.
The petition seeks initiation of the proceedings under the Contempt of Courts Act 1971 for willful disobedience of order dated 13.11.2019 rendered in Writ Petition Service Single No.3876 of 2012 (Shahabuddin Khan Farooqui vs. State of U.P. and others).
Learned counsel for the petitioner has submitted that order of the writ court has not been complied with in its letter and spirit. It has been submitted that while passing the order dated 18.03.2021, the respondent contemnor has not taken into consideration the observations made in para 8 & 9 of the order dated 13.11.2019 passed by the writ court. Learned counsel has vehemently submitted that the order has been passed by the respondent contemnor after the expiry of the period prescribed by the writ court. Therefore, the respondent is guilty for the commission of the offence punishable under section 12 of the Contempt of Courts Act and therefore, the charges may be framed against respondent contemnor.
On the other hand, Sri Mohit Johri, learned Standing Counsel for the respondent contemnor has submitted that order of the writ court has been complied with by the contemnor. He has submitted that in compliance to order of the writ court, an order was passed on 27.02.2021 giving detailed reasons in respect of the payment of salary to the petitioner for the period from July 2004 to July 2010. The order dated 27.02.2021 is placed on record as Annexure A-3 with the affidavit of compliance filed on 05.03.2021. Learned counsel for the contemnor has submitted that another affidavit of compliance has also been filed today i.e. 25.05.2021 in the registry, moreover he has placed a copy of the said affidavit for the perusal of the court, which is taken on record. He has referred the contentions made in para 6 & 7 of the affidavit and submitted that the final order has been passed on 18.03.2021 on the report of the Basic Shiksha Adhikari. Learned Standing Counsel submits that since the order of the writ court has been complied with and a detailed order has been passed in compliance to the order of the writ court, nothing is left to further adjudicate in the present contempt petition and the same is liable to be dismissed.
In reply to the submissions of the learned Standing Counsel, learned counsel for the petitioner has submitted that the order which has been passed is nothing but an eye wash. The respondent contemnor has not passed the order in its letter and spirit. He has relied on the judgment and order passed by Hon'ble the Apex Court in the case of Food Corporation of India and others vs. West Bengal Food Corporation reported at 2018 (9) SCC 469. He has relied on para 4, 5 and 6 of the judgment.
Heard learned counsel for the parties and perused the record. I have also perused the orders passed by the respondent contemnor, which are placed on record as Annexure A-3 to the affidavit filed on 05.03.2021 and another order dated 18.03.2021 placed on record as Annexure A-1 with the affidavit filed today.
After perusal of the contentions made by the parties and on perusal of the orders passed by the respondent - contemnor, I am satisfied that the respondent has complied the order passed by the writ court substantially. So far as the argument of the petitioner that the order has been passed beyond the time limit as prescribed by the writ court, I find that the delay is neither deliberate nor intentional.
In view of the above, I do not find any reason to initiate the contempt proceedings against the respondent.
The contempt petition is accordingly dismissed.
Notice issued to respondent is discharged.
Order Date :- 25.3.2021
VNP/-
