Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 217 of 2020 Applicant :- Sangeeta Tiwari And Another Opposite Party :- Virendra Singh Yadav, Secretary/ General Manager District Co-Operative Bank Ltd. And Another Counsel for Applicant :- Sushil Kumar Tiwari Counsel for Opposite Party :- Jai Bahadur Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants through video conferencing and Shri Jai Bahadur Singh, counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 10.04.2019 passed in Writ A No.37041 of 2000 (Hridya Shanker Tiwari Vs. District Cooperative Bank Ltd. Fetehpur and Others). The operative portion of the order is reproduced hereinbelow:-
"23. This Court may hasten to add that above mentioned law is subject to certain exception. When the facts are admitted or no real prejudice has been caused to employee or no other conclusion is possible, in such situation the order shall not be vitiated. Reference may be made to the some of the decision of Supreme Court in K.L. Tripathi v. State Bank of India reported AIR 1984 SC 273; State Bank of Patiala v. S.K. Sharma reported AIR 1996 SC 1669; and Biecco Lawrie Ltd. v. West Bengal reported (2009) 10 SCC 32.
24. In view of aforesaid exposition of law and facts stated therein, the entire procedure followed by respondents in passing impugned order of dismissal is patently illegal.
25. In the result, writ petition is allowed. Impugned order dated 02.8.2000 passed by respondent no.2 (Annexure 9 to the writ petition) is hereby set aside. Petitioner shall be entitled for all consequential benefits.
26. However, this judgment shall not preclude respondents from proceeding against petitioner and pass a fresh order in accordance with law."
Pursuant to the order passed by this Court an affidavit of compliance has been filed by the opposite party. In paragraph-6 of the affidavit of compliance, it is stated that pursuant to the order passed by this Court a letter dated 15.02.2020 was written by the opposite party to the widow of the deceased employee namely Smt. Kamla Tiwari and his two daughters namely Km. Sangeet And Smt. Deepa, copy of which is appended as Annexure-2 to the affidavit of compliance.
It appears from perusal of the same that the entire payment has been made in favour of the legal heirs of the petitioners/applicants in the present contempt petition.
On the other hand, it is argued by the counsel for the applicant that wholly illegally a sum of Rs. 2,87,415/- was deducted and also the interest was not paid.
Heard counsel for the parties and perused the record.
From perusal of the same, it is clear that pursuant to the order passed by this Court a decision has already been taken by the opposite party on 15.02.2020, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed. However, in case applicant is still aggrieved it is open for the applicant to approach the authority concerned, if so advised.
Order Date :- 19.8.2021 Swati