Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3866 of 2018 Applicant :- Bechan Lal Srivastava Opposite Party :- Shivakant Dwivedi, D.M.
Counsel for Applicant :- Chandra Prakash Srivastava
Hon'ble Manoj Kumar Gupta,J.
By order dated 27.3.2018 in Writ-A No.8620 of 2018 filed by the applicant, a direction was issued to District Magistrate/President, District Rural Development Agency to decide the representation of the applicant relating to payment of gratuity within two months from the date of receipt of a certified copy of the order.
Counsel for the applicant submitted that the opposite party issued a notice dted 14.5.2018 requiring the applicant to file his affidavit so that representation made by him pursuant to order of the High Court could be decided. It is pointed out that the applicant filed his affidavit, as required, on 16.5.2018, but still no decision has been taken in the matter so far.
This Court is of the opinion that before inaction on part of the opposite party in deciding the representation of the applicant is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order alongwith fresh representation before the opposite party and in which event, he shall ensure that decision in due compliance of the direction issued by the Writ Court is taken within next six weeks. In case the decision is yet not taken, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J) Order Date :- 31.7.2018 SL