Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3731 of 2019 Applicant :- Shiv Poojan Ram Opposite Party :- Sri Arvind Kumar, Principal Secretary Department Of ( Finance And Revenue) Govet Of U.P.
Counsel for Applicant :- Parvez Iqbal Ansari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 19.12.2018 passed in Writ Petition No.33907 of 2015 (Shiv Poojan Ram v. State of U.P.), which for ready reference is quoted as under:-
"Undisputedly seeking a similar relief, the petitioner had earlier filed Writ A- No. 33907 of 2015 which was disposed of in the following terms:
"The petitioner was subjected to disciplinary proceedings wherein he was awarded punishment of suspension. From the record it transpires that the petitioner was suspended four times in the service tenure.
It is stated that the petitioner has filed a revision before the State Government. The present writ petition has been filed for the following relief:
"i. issue a writ order or direction in the nature of mandamus commanding and directing the respondents concerned to decide the Departmental Revision under Rule 13 of the U.P. Government Servant (Discipline & Appeals) Rules, 1999 pending before the respondent within the time stipulated by this Hon'ble Court."
Learned counsel for the petitioner could not satisfy the Court that any time limit to be fixed to decide the revision.
The Division Bench of this Court has taken a view that the Court should not be used as a Machine to expedite the matter pending before the administrative or quasi judicial authorities.
The writ petition is disposed of leaving it open to the petitioner to make an application before the authority concerned to expedite the matter."
No cause arises for this Court to entertain second writ petition. The writ petition is consequently dismissed."
The Court has proceeded to examine the record in question and finds that no contempt is made out against the opposite party under Section 12 of the Contempt of Court Act. However, it is always open to the applicant to press the application before the authority concerned for expediting the matter.
The contempt application stands disposed of. Notices, if any, stand discharged.
Order Date :- 31.5.2019 SP/