Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3813 of 2018 Applicant :- Laxman Yadav Opposite Party :- Radhey Shyam Bahadur Singh, S.D.M.
Counsel for Applicant :- Syed Wajid Ali
Hon'ble Manoj Kumar Gupta,J.
By order dated 15.2.2018 in Writ A No. 59248 of 2012, liberty was granted to the applicant to file a fresh representation before Sub- Divisional Magistrate, Tehsil Pharenda, district Maharajganj, who shall in consequence decide the same within four months from the date of receipt of certified copy of the order. It is further provided that in case, he feels that he is not competent to take decision in the matter, he shall forward the same to competent authority.
Learned counsel for the applicant does not dispute that Sub- Divisional Magistrate is the appointing authority for the post held by the applicant and therefore, the representation has to be decided by him. However, it appears from the record that the representation was made to District Magistrate, Maharajganj, although the case of the applicant is that he initially approached Sub-Divisional Magistrate but he refused to take the representation.
Even, if the representation was not accepted by Sub-Divisional Magistrate, as is being claimed by the applicant, it was still open to him to send the same by registered post. However, since no representation has been made to the Sub-Divisional Magistrate so far as directed by the writ Court, this Court is not inclined to proceed in contempt against the opposite party, but it is left open to the applicant to still make representation in terms of the liberty granted to him by the writ Court.
The contempt application stands disposed of accordingly, at this stage.
(Manoj Kumar Gupta, J.) Order Date :- 27.7.2018 AM/-