A supplementary counter affidavit has been filed by Sri Virendra Chaubey, learned counsel for opposite party no.2 which is taken on record.
Heard Sri P.K.Srivastava, learned counsel for the applicant and Sri Virendra Chaubey, learned counsel for the opposite party.
This contempt application has been filed for punishing the opposite party for willful disobedience of the order 21.7.2009 by which this Court has directed to grant pension to the petitioner within two months from the date of presentation of a certified copy of the order of this Court. It is not in dispute that the order of this Court was served upon the opposite party on 6.8.2009 but the petitioner's pension has not been released. The oppoiste party has come up with the case they they have filed an application seeking recall of th eorder dated 21.7.2009 in the year 2010.
After expirty of the time granted by this Court to grant pension to the petitioner no action has been taken till date. This Court cannot wait for the disposal of the recall application for compliance of the order dated 21.7.2009.
Prima facie, a case for willful disobedience of the order of this Court dated 21.7.2009 has been made out.
The Basic Shiksha Adhikari, opposite party no.2 is directed to appear in person before Court on 1st May, 2014 for framing of charges.
However, in case the order is complied with in letters and spirit or even provisional pension is paid to the petitioner by that time he need not to appear before the Court provided he files an affidavit of compliance.
List on 1st May, 2014.
Order Date :- 16.4.2014 samz