Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3584 of 2019 Applicant :- Subhash Chandra Opposite Party :- Narendra Kumar, Finance And Account Officer, Basic Education Counsel for Applicant :- Mukesh Kumar,Rajeev Nayan Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 28.8.2018 passed in Writ A No.18293 of 2018 filed by the applicant, the Court directed as under:
"The petitioner, Sri Subhash Chandra was a Class-IV employee in Junior High School, Phaphotu, Vikas Khand Sakeet, District Etah. He retired on 31.08.2016. Post retiral dues, including pension was not paid to him and, therefore, he filed Writ- A No. 4637 of 2018 in which a direction was issued to decide the petitioner's representation for release of his retiral benefits, including pension by a reasoned order. It appears that thereafter the authorities did not take any action and, therefore, the petitioner had filed contempt petition, which is pending before this Court.
In the meantime, the respondents have issued the impugned dated 20.07.2018 whereby the petitioner has been directed to refund an amount of Rs. 3,30,761/-. The impugned order does not disclose any reason as to for what the amount has been directed to be refunded by the petitioner. Since the petitioner had already retired on 31.08.2016 and the impugned order does not disclose any reason for refund of the amount, it would be appropriate to stay its operation.
The respective respondents may file their counter affidavits within three weeks. Two weeks time thereafter shall be available to learned counsel for the petitioner to file rejoinder affidavit, if any.
List this case after five weeks.
The operation of the impugned order dated 20th July, 2018 (Annexure-6 to the petition) shall remain stayed till the next date of listing."
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 Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
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 :- 31.5.2019 RKP