Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4580 of 2017 Applicant :- Keshav Prasad & Another Opposite Party :- Mr. Amar Nath Rai D.I.O.S. Distt. Ballia Counsel for Applicant :- Gopal Ji Rai Counsel for Opposite Party :- Vashistha Tiwari
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and Sri Vashistha Tiwari, learned counsel for the opposite party.
It is not disputed that the order passed by the Writ Court on 31 January 2017 has not been complied with till date. In the affidavit of compliance filed in these proceedings the opposite party had disclosed that a communication had been addressed to the Additional Director of Education Secondary (Finance) Allahabad on 29 November 2017 seeking release of funds to enable the opposite party to comply with the order of the Writ Court. However, according to Sri Tiwari funds have not been received by the opposite party till date. Sri Tiwari does not dispute that in terms of the directions issued by the Writ Court as well as under the provisions of the enactment in question the liability to pay the dues of the applicants rests on the opposite party. Sri Tiwari also admits candidly that the budgetary allocation of the office of the opposite party is much more than the amount which is claimed to be due and payable. Consequently, this Court as a last opportunity provides for the opposite party complying with the judgment of the Writ Court on or before 9 May 2018 failing which he shall appear before this Court on the said date and show cause why charges be not framed against him.
List on 9 May 2018.
Order Date :- 24.4.2018 NS