Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3088 of 2021 Applicant :- Dr. Rakesh Bhooshan Sharma Opposite Party :- Dr. Devendra Singh Negi, Director General Medical Health Service Directorate Counsel for Applicant :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 07.01.2021 passed in Writ A No.14864 of 2020, which for ready reference is quoted as under:-
"Petitioner superannuated from service on 30.06.2015. The retiral benefits to the extent of Rs. 11,05,680/- were withheld for a period of four years four months and thirteen days. The petitioner claims that he is entitled to interest for the aforesaid delay in payment of dues, on the foot of the law laid down by the Hon'ble Supreme Court in Dr. Uma Agarwal Vs State of U.P. and others reported at 1999 (3) SCC 438.
Petitioner has made a representation in this regard. The representation has not been decided till date. The only prayer made by Sri Gyanendra Kumar Mishra, learned counsel for the petitioner is that the representation may be decided within a stipulated period of time.
Per contra, learned Standing Counsel submits that grant of interest is a matter of fact and law and has to be decided in the first instance by the competent authority. Though he fairly submits that the authorities are under an obligation of law to grant such benefits in an expeditious time frame.
In the wake of the preceding discussion this Court finds that the representation of the petitioner for grant of interest has to be decided within a reasonable period of time.
Without going into the merits of the claim the matter is remitted to the respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. A writ in the nature of mandamus is issued commanding respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. to execute the following direction:
(i) The respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. shall decide the representation of the petitioner for grant of interest in delayed payment, preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with a fresh copy of the representation and supporting documents, if any.
The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
With the aforesaid direction the writ petition is disposed of. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two months positively from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 Pramod Tripathi