Vinay Kumar Tiwari vs Mr. Abhishek Shukla, District ...
2023 Latest Caselaw 10777 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 953 of 2023
 

 
Applicant :- Vinay Kumar Tiwari
 
Opposite Party :- Mr. Abhishek Shukla, District Panchayati Raj Officer, Sultanpur, And Another
 
Counsel for Applicant :- Ashish Kumar Singh,Rohit Upadhyay,Sanjay Kumar Pandey
 

 
Hon'ble Abdul Moin,J.

Heard.

Instant contempt petition has been filed by one Sri Vinay Kumar Tiwari alleging non-compliance of the judgment and order dated 16.12.2022 passed in Writ A No.8473 of 2022 in re: Vivek Kumar Tiwari vs. State of U.P. and others.

By the said order, the writ Court without entering into the merits of the case had disposed of the petition with a direction to respondent no.3 to consider and dispose of the claim of the petitioner for compassionate appointment expeditiously say within a period of three months.

Contempt petition has been filed by the alleged brother of Sri Vivek Kumar Tiwari i.e. Sri Vinay Kumar Tiwari alleging that no opportunity of hearing had been given to him despite he being the legal heir of the deceased employee. He also states that although an order has already been passed on the claim of Sri Vivek Kumar Tiwari but the order has been passed without affording any opportunity of hearing to the other legal heirs of the deceased employee.

However, upon a pointed query being put to learned counsel for the petitioner as to where said averment has been made in the contempt petition he failed to point out rather concedes that no such order has still been passed by the authorities.

Considering that there is no such specific averment made in the contempt petition and rather only a bald averment is being made to the said effect, it is apparent that the contempt petition has only been filed simply on the basis of imagination of the petitioner without there being any basis in support thereof thereby wasting precious time of the Court.

In this view of the matter, the intention of the Court is to impose exemplary cost upon the petitioner.

However, learned counsel for the petitioner submits that as he is a young lawyer he would be more careful in future.

Accordingly, the contempt petition is dismissed with a warning to the learned counsel for the petitioner to be more careful in future.

Order Date :- 11.4.2023

A. Katiyar