Court No. - 6
Case :- WRIT - A No. - 21971 of 2018 Petitioner :- Rajendra Prasad Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.K.Ojha Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
On the last occasion, this Court was constrained to direct the personal presence of the DPRO noting the submission of the petitioner that no retiral benefits had been released, although he had superannuated in 2016.
Pursuant to the said order, the concerned DPRO has appeared along with the relevant record and has also filed his personal affidavit. The affidavit discloses that 90% and 10% of all retiral benefits, including GFP, leave encashment, group insurnance, have been already released in favour of the petitioner after his retirement. It it further asserted that the pensionary benefits have not been completely released since the petitioner has failed to hand over charge of all relevant government records.
Significantly, in the entire writ petition, there is no disclosure of the fact that the petitioner was already in receipt of retiral benefits, mentioned above, as well as provisional pension. From the above, it is more than evident that the petitioner has failed to make a fair and candid disclosure and has, in fact, concealed material facts.
Consequently, notice shall issue to the petitioner personally to answer why proceedings in criminal contempt be not initiated by this Court. This notice shall be returnable on 19th December, 2018, on which date the petitioner shall appear in person.
The presence of the DPRO is discharged until further orders.
Order Date :- 27.11.2018 Amit Mishra