Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5868 of 2021 Applicant :- High Court Fourth Class Employees Welfare Association And Another Opposite Party :- Sri Neeraj Tiwari, Branch Manager, And Another Counsel for Applicant :- Shri Krishna Mishra,Shri Krishna Mishra
Hon'ble Abdul Moin,J.
1. Heard.
2. The instant contempt application has been filed alleging non- compliance of judgement and order dated 19.09.2018 passed Writ C No. 23491 of 2018 in re: Class IV Employees Welfare Association High Court, Allahabad and another vs Registrar General, High Court, Allahabad and others.
3. By the said order the writ court had quashed the letter issued by the Registrar (Protocol), High Court Allahabad and also directed that the Bank shall act strictly in accordance with law and shall proceed and shall direct for operation of the bank account only by the parties / Secretary who is duly registered and recognized under Societies Registration Act, 1860.
4. The grievance of the applicants, as set forth in paragraph 15 to 19 of the contempt application is that upon an application being filed by the respondent no. 4 claiming that he is an elected office bearer of the Class IV Employees Welfare Association High Court, Allahabad, the respondent bank has restrained the applicants from operating their account in the month of September 2021.
5. Learned counsel for the applicants contends that he has filed the list of the members from which it does not come out that the respondent no. 4 is a member of the society and as such the respondent bank has committed contempt of the order of the writ court dated 19.09.2018.
6. Having heard learned counsel for the parties and having perused the record what is apparent is that the writ court vide the order dated 19.09.2018 had directed the bank to act in accordance with law and and shall proceed and shall direct for operation of the bank only by the parties/Secretary. In terms of the specific contention made in paragraph 16 of the contempt application it is apparent that the Bank has restrained the applicants from operating their account on the basis of an application received from the respondent no. 4 claiming that he is the office bearer of the Class IV Employees Welfare Association High Court, Allahabad.
7. The contention that the respondent no. 4 is not even the member of the society cannot be gone into by this Court while exercising contempt jurisdiction as the contempt court is not expected to hold a roving inquiry to make out whether any contempt has been committed or not.
8. Considering the aforesaid, no case for contempt is made out. Accordingly, the contempt application is dismissed leaving it open to the applicants to challenge the action of the Bank in appropriate proceedings before appropriate court.
Order Date :- 16.12.2021 J. K. Dinkar