Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4834 of 2020 Applicant :- Km. Shamim Bano Opposite Party :- Dr Pretinder Singh, Senior Superintendent Of Police Counsel for Applicant :- Mansoor Ahmad Counsel for Opposite Party :- S.C.
Hon'ble Ajit Kumar,J.
Case called out. None appeared on behalf of the applicant. However, learned counsel for the opposite party is present.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 12.3.2019 passed by writ Court in Writ Petition No.- 3919 of 2019 is complained of.
It is further alleged that inspite of the filing of the first contempt application bearing no.7255 of 2019 and the direction issued therein on 4.11.2019, compliance of the order of the writ court is not done.
A compliance affidavit has been filed in this case by learned Additional Chief Standing Counsel on behalf of the opposite party in which an order of the opposite party dated 28.2.2021 has been annexed whereby claim of the applicant for family pension has been rejected.
It is submitted by learned Additional Chief Standing Counsel that there was a direction issued by this Court to consider the matter of claim of the applicant on merits and decide the same. Accordingly, the matter has been dealt with on merits and decided and thus, the order of the writ court has stood complied with.
Upon perusal of the order of the writ court, I also find that the court did not apply its mind to the merits of the case and simply issued direction to consider the claim of the applicant on merits, even in the earlier contempt application the order was issued to the effect that the order of the writ court be complied with.
Now, upon further perusal of the order dated 28.2.2021 passed by opposite party, I find that the decision has been taken though rejecting the claim of the applicant for family pension, on merits and therefore, in my view it can be safely concluded that the order of the writ court is complied with. No element for contempt is made out and no cause of action survives to maintain the present contempt application, any further.
Accordingly, the contempt application is consigned to records. Notices issued, if any, stand discharged.
It is always open for the applicant to challenge the order passed by the authority on merits, if she is aggrieved.
Order Date :- 19.8.2021 Deepika