Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 154 of 2020 Applicant :- Dr. Aditya Singh Opposite Party :- Dr. Gyan Prakash, Director, Medical And Health Service U.P.
Counsel for Applicant :- Sushil Kumar Pal
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 18.11.2019 passed in Writ Petition No.18190 of 2019 (Dr. Aditya Singh Vs. State of U.P. and 4 others). The order dated 18.11.2019 is reproduced hereinbelow :-
"The petitioner's case is that he was employed as Senior Consultant, Child Specialist in the Health Department. He retired from service on 30.06.2012. A departmental inquiry was initiated against him wherein the Government, vide their order dated 9th May, 2018, have ordered a reduction in the petitioner's pension by 10% for a period of five years. The petitioner has claimed his retiral benefits including pension (as much of it that he is entitled to after the order of punishment for the period of five years), group insurance, leave encashment, pension and gratuity, arrears of pension and payment of current pension regularly.
A prima facie case is made out. Admit.
Issue notice.
Learned Standing Counsel may file a counter affidavit within four weeks. List for orders on 18.12.2019.
Order on Stay Application Issue notice returnable on 18.12.2019.
Meanwhile, the Director, Medical and Health Services U.P. at Lucknow is ordered to release the petitioner's post retiral benefits comprising his reduced pension, group insurance, leave encashment, pension and gratuity, arrears of pension and payment of current pension on or before 18.12.2019 or to show cause by filing a counter affidavit why this order may not be made absolute.
Let a copy of this order be supplied to Sri Vishal Singh, learned Standing Counsel for compliance."
Today when the matter is taken up, it is admitted between the parties that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed.
Order Date :- 13.8.2021 Pramod Tripathi