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Rama Shankar vs Dr. Vijay Laxmi, Director Medical ...

High Court Of Judicature at Allahabad|05 November, 2014

JUDGMENT / ORDER

Heard learned counsel for applicant.
The grievance of the applicant is that the opposite party-contemnor has willfully and deliberately flouted the order of the Writ Court dated 23.11.2010 passed in Writ-A- No. 38149 of 2010, copy of which has been filed as annexure-2,whereby the writ court was directed the respondents to consider and decide the representation of the petitioner within a period of three months from the date of making such representation before him, whereafter, the applicant was compelled to file Contempt Application (Civil) No. 4228 of 2011 in which the contempt Court vide order dated 12.11.2013 gave another opportunity to the opposite party/contemnor to comply with the order of the writ within two months from the date of production of a certified copy of the order before him, copy of the order of the contempt court has been filed as annexure-5 to the affidavit accompanying this application. However, it is argued that the opposite party/contmenor has flouted both the orders passed by the writ Court as well as contempt Court.
It is contended that despite communication of aforesaid orders, order of Writ Court has not been complied with.
Prima facie, a case of willful disobedience is made out.
Issue notice to sole opposite party, who shall appear in person before this Court on the date fixed to explain as to why despite order of Writ Court dated 23.11.2010 passed in Writ-A- No. 38149 of 2010, same has not been complied with and why charge be not framed.
List on 05.12.2014. Notice to accompany this order.
It is directed that no T.A./D.A. shall be paid to contemnor-opposite party for appearance before this Court from the state exchequer. In case order of Writ-Court is complied with, an affidavit of compliance would suffice.
Let a copy of this order be provided to, learned Additional Chief Standing Counsel, for onward transmission and compliance forthwith to superior authority of opposite party.
Order Date :- 5.11.2014 M.A.A.
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Title

Rama Shankar vs Dr. Vijay Laxmi, Director Medical ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
05 November, 2014
Judges
  • Rajesh Dayal Khare