1. Heard learned counsel for the parties.
2. The petitioner's Writ Petition No.8416 (S/S) of 2019 was finally decided vide judgment and order dated 28.03.2019 as under:-
"...........
The petitioner has prayed the following relief:
"i. Issue a writ, order or direction in the nature of mandamus commanding the opp. party No. 1 to take the decision on the review application of the petitioner dated 2.01.2016 filed under Rules 14 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999, which is pending since 2016 contained as Annexure no. 3 to this writ petition."
Learned counsel for the petitioner has submitted that his review application dated 2.1.2019 is pending before the Principal Secretary, Transport, U.P., Lucknow which is contained with Annexure no. 3 to the writ petition. The aforesaid review application of the petitioner has been forwarded by the competent authority before the Reviewing Authority. Learned counsel for the petitioner has prayed that direction for early disposal of the review application may be passed in the ends of justice.
Therefore, without entering into the merits of the issue, the Principal Secretary, Government of U.P., Lucknow is hereby directed to consider and decide the review application of the petitioner dated 2.1.2016 by speaking and reasoned order, strictly in accordance with law with expedition, preferably within within 8 weeks from the date of production of the certified copy of the order of this Court.
This Court is unable to comprehend as to why the review application of the petitioner is pending for more than three years, therefore, while passing order on the review application the reviewing authority shall indicate the reason as to why the review application was pending for more than three years.
The decision, so taken by the Reviewing Authority shall be communicated to the petitioner with expedition."
.
3. Pursuant to issuance of contempt notice, an affidavit of compliance of Mr. Arvind Kumar, Principal Secretary, Department of Transport, Govt. of U.P., Lucknow has been tendered today in the Court, which is taken on record.
Along with the aforesaid compliance affidavit, copy of decision dated 22.08.2019, taken on review petition has been placed on record as Annexure-1.
Paragraph-6 of the said compliance affidavit reads as under:-
"6. That it is respectfully submitted that in pursuant to the compliance of judgment and order dated 28.03.2019 passed by this Hon'ble Court, quoted above, the representations of the petitioner regarding disposal of his review application dated 2.1.2016 has been considered by the competent authority and the same has been decided on 22.08.2019 in terms of earlier order dated 06.08.2019 passed by the State Government and whereupon, a reasoned and speaking Office Order No.Writ-190/Tees-4-2019 dated 22.08.2019 has been issued by the competent authority, whereby the review application of the petitioner dated 2.1.2016 has been decided in accordance with rules. A copy of Office Order No.Writ-190/Tees-4-2019 dated 22.08.2019 is being annexed herewith as Annexure No.A-1 to this affidavit."
4. In view of the aforesaid stand and order dated 22.08.2019, the petitioner's review application has been rejected by the Government on the ground that there is no new fact for reviewing the earlier orders dated 30.11.2012 and 05.12.2013.
5. In view of the above, nothing survives in this contempt petition, which is dismissed as having been rendered infructuous.
Contempt notice stands discharged.
[Dinesh Kumar Singh,J.] Date :- 29.8.2019 MVS/-