Court No. - 33
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3072 of 2017 Applicant :- Maina Devi Opposite Party :- Dr. Rajnish Dubey & Another Counsel for Applicant :- Ganesh Datt Mishra,Kuldeep Mishra,Shatrughan Jee Pandey,Shyam Sunder Tripathi
Hon'ble Manoj Misra,J.
Ref: Recall Application No. 417069 of 2017
On 20.09.2017, the Contempt Application (Civil) No. 3072 of 2017 was consigned to the record after perusal of the compliance affidavit which indicated that the Special Secretary had taken a decision rejecting the claim of the petitioner. The order dated 20.09.2017 is being reproduced herein below:-
"The applicant's husband died and a claim was set up under the Farmers Accidental Insurance Scheme which was rejected by the District Magistrate on the ground that it was made much after the time limit provided by the Scheme.
Challenging the rejection order, Writ C No. 23626 of 2016 was filed. The Writ Court while disposing of the petition, vide order dated 20.05.2016, observed that it did not find any error in rejection of the claim by the District Magistrate. However, it required the State Government to take a sympathetic consideration on the claim made by the petitioner. When consideration on the claim was not made by State Government, this Contempt Application was filed.
Pursuant to the notices issued in this contempt application, affidavit of compliance has been filed by Sri Rajneesh Dube, Principal Secretary (Revenue), U.P., Lucknow annexing therewith the decision of the Special Secretary rejecting the claim of the petitioner.
Under the circumstances, no further action is required in this contempt proceeding. The contempt application is consigned to the record. Notice stands discharged. "
This recall application has been pressed by learned counsel for the applicant by alleging that the Special Secretary has not properly considered the representation of the applicant even though it was required to have accorded sympathetic consideration, as was directed by the Writ Court, therefore contempt proceeding ought not to have been dropped.
It is well settled that ordinarily merit of an order passed pursuant to a direction cannot be tested in contempt jurisdiction. More so, when the order passed by the Special Secretary rejecting the claim of the applicant is a reasoned order.
Accordingly, the recall application is misconceived. If the applicant is aggrieved by the order of the Special Secretary, he can take recourse to appropriate legal remedy, as may be advised. The recall application is rejected.
Order Date :- 28.3.2018/Sunil Kr Tiwari