Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 68 of 2019 Applicant :- Jay Singh Yadav Opposite Party :- Vinay Kumar Mishra Counsel for Applicant :- Yatindra,Bhupendra Singh Counsel for Opposite Party :- Abhishek Mishra
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and Sri Abhishek Mishra, learned counsel for the respondent.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for willful disobedience of the order dated 19.3.2018 passed in Writ Petition No.7910 of 2018 (Jay Singh Yadav Vs. State of U.P. and Others). The operative portion of the order is reproduced hereinbelow:-
"The writ petition is disposed of directing Joint Registrar to decide representation of the petitioner by a reasoned and speaking order within a period of two months from the date of production of a certified copy of this order before the said authority.
The petitioner is given liberty to file a copy of the representation and other papers along with a certified copy of this order before respodnent-2 within a period of two weeks."
It is argued by learned Standing Counsel that in compliance of the order of this court, a decision has already been taken on 19.3.2019 by the opposite party, a copy of the said order is appended as annexure 1 to the affidavit of compliance and no cause of action would further survived and prays for dismissal of the present contempt application.
On the other hand, it is argued by learned counsel for the applicant that the period for which the petitioner was placed under illegal suspension, which was subsequently revoked and the full salary for the period of suspension, which was subsequently revoked was not paid to the petitioner till date.
In the facts and circumstances of the case, learned counsel for the applicant is permitted to submit a fresh representation ventilating all his grievances along with copy of the earlier representation as well as the order passed by the writ court dated 19.3.2018 before the opposite party within a period of three weeks from today. If any such representation is made, the opposite party is directed to pass a fresh and appropriate order expeditiously preferably within a period of three months from the date of a copy of this order.
The writ petition is accordingly disposed of.
Order Date :- 12.8.2021 Bhaskar