Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1665 of 2018 Applicant :- Sohan Lal Rajput Opposite Party :- Sri Anil Kumar Agrawal, Assistant Commissoner Counsel for Applicant :- Arimardan Singh Rajpoot
Hon'ble Surya Prakash Kesarwani,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant.
By order dated 11.01.2018 passed in Writ-A No.1332 of 2018 filed by the applicant, the writ Court directed as under :
"Heard Sri Arimardan Singh Rajpoot for the petitioner and Standing Counsel for State of U.P.
This writ petition has been filed for mandamus directing Assistant Commissioner/Assistant Registrar, Cooperative Societies (respondent-4) to decide the representation of the petitioner.
It has been stated that the petitioner attained the age of superannuation on 30.6.2017 from the post of Village Development Officer, but his post retiral dues has neither been finalized, nor paid till today. The petitioner has moved a representation in this respect before Assistant Commissioner/Assistant Registrar, Cooperative Societies (respondent-4), which is pending.
The writ petition is disposed of directing Assistant Commissioner/Assistant Registrar, Cooperative Societies (respondent-4) to decide the representation of the petitioner relating to post retiral dues within two months from the date of producing a certified copy of this order before him."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and thus has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within a further period of two months from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.3.2018 NLY