Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6265 of 2019 Applicant :- Jawahar Opposite Party :- Sanjay. R. Bhos Reddy Counsel for Applicant :- Surendra Kumar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 12.12.2018 passed in Writ-A No. 26165 of 2018 (Jawahar Vs. State of U.P. & 4 Ors.). For ready reference the order dated 12.12.2018 is quoted as under:-
"Heard the learned counsel for the petitioner and Shri Ravindra Singh, learned counsel appearing on behalf of respondents no. 2 to 5.
Learned counsel for the petitioner has submitted that the order impugned dated 17.07.2018 has imposed recovery of Rs.33,19,22.40 on the petitioner without looking into the letter sent by the General Manager of the Sugar Mill to the District Cane Development Officer, District Saharanpur dated 02.07.2018 which has said that none of the Cane Supervisors have caused any financial loss to the Mill. The order passed does not consider the explanation of the petitioner at all.
Shri Ravindra Singh, on the other hand, has pointed out that 24 other similarly situated employees have already filed a statutory appeal.
Since the petitioner has the alternative remedy under the Regulations of filing an appeal, he may also be directed to file an appeal under Regulation 52.
This writ petition is disposed off with a direction to the petitioner to file an appeal under Regulation 52 within a period of three weeks from today. In case the said appeal is filed within the time stipulated by this Court, it shall be considered and decided on merits and shall not be rejected on the ground of laches."
Learned counsel for the applicant submits that in response to the Writ Court order dated 12.12.2018, the applicant has sent the appeal through registered post on 31.12.2018 but till now, the same has not been finalized inspite of the time prescribed by the Writ Court.
While passing the order dated 12.12.2018, the Writ Court has directed the applicant to file an appeal under Regulation 52 within a period of three weeks from the date of order and in case the said appeal is filed within the time stipulated by this Court, it shall be considered and decided on merits and shall not be rejected on the ground of laches.
Considering the facts and circumstances of the case and taking a lenient view in the matter, the opposite party to do needful in the matter to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
In view of above, this contempt application stands disposed of. Order Date :- 26.9.2019 Jaswant