Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1661 of 2018 Applicant :- Sooraj Pal Singh Opposite Party :- Sri Sanjeev Ram Chandran, G.M. Jal Kal Vibhag Counsel for Applicant :- Mohd. Ayub
Hon'ble Surya Prakash Kesarwani,J.
Earlier, the applicant has filed CONTEMPT APPLICATION (CIVIL) No. - 4214 of 2017 (Sooraj Pal Singh vs. Sri Sanjeev Ramchandran, G.M. Jal Kal Vibhag, Nagar Nigam), which was disposed of by order dated 12.10.2017 as under:-
"Heard learned counsel for the applicant.
It is alleged that the order passed by writ court dated 1.5.2017 in Civil Misc. Writ Petition No. 17682 of 2017 has not been complied with, despite service of it. Order dated 1.5.2017 reads as Under:-
"The petitioner, who claims to be working as a Clerk II Grade with Jalkal Vibhag, Agra, complains that he has not been paid his salary since the year 2012, after he resumed his duty.
Shri Vivek Shandilya, learned counsel appearing on behalf of respondents submitted that the petitioner remained absent for a long period unauthorisedly. He resumed duties in the year 2012. He very fairly states that the representation if filed by the petitioner in this regard shall be decided within such time as may be directed by this Court.
Having regard to the facts of the case and the submissions made, the writ petition is disposed of with liberty to the petitioner to make a fresh representation with a certified copy of this order before the first respondent and in which event, the same shall be decided by him by means of a speaking order expeditiously, preferably within a period of next three months".
It is contended that this order has been served by registered post on 9.5.2017 but even thereafter no decision is stated to have been taken.
In the facts and circumstances of the case, as has been brought on record, prima-facie case of disobedience of order of writ court is made out. However, one more indulgence is allowed to the opposite party to ensure compliance of the order passed by the writ Court.
Office is directed to send a copy of this petition to the opposite party concerned alongwith a copy of this order. It shall keep record of the same. Process fee for the purpose be supplied by the petitioner within a week.
Considering the above, this contempt petition is disposed of with a direction upon the opposite party to comply with the directions issued by the writ court within a period of 6 weeks from the date of presentation of certified copy of this order. Liberty is reserved to the applicant to approach this Court again, in case the order of writ court is still not complied with."
It appears that the applicant has not properly communicated the aforesaid order to the opposite party. Under the circumstances, this contempt application is dismissed at this stage with liberty to the applicant to submit a certified copy of the order dated 12.10.2017 before the opposite party for compliance.
Order Date :- 30.3.2018 NLY