Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1591 of 2019 Applicant :- Vindhyachal Dhobi Opposite Party :- Raju Narayan Mishra (Superintendent Of Police) And Another Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- Neeraj Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri B.K. Mishra, learned counsel for the applicant.
Present contempt application has been filed alleging wilful disobedience of the order of this Court dated 17.7.2018 passed in Writ A No.12085 of 2016 filed by the applicant wherein the Court directed as under:-
"Following orders were passed in the matter on 18.5.2018:-
"The petitioner is seeking a writ of mandamus commanding the respondent no.3 to release the withheld gratuity of the petitioner and also to pay interest for delayed payment. It is contended in paragraph '17' of the writ petition that no criminal case is pending against the petitioner in any Court of law, however, there is no disclosure with regard to departmental enquiry, if any.
Sri Rajnish Kumar Rai, learned counsel for the respondent no.5 and learned standing counsel appearing for respondents 1 to 4 pray for and are granted three weeks time to seek instructions. As prayed, put up this matter as fresh on 9.7.2018."
Sri Rajnish Kumar Rai, learned counsel for the respondents on the basis of instructions submits that proposal for release of gratuity has been received by the authority concerned on 5.7.2018 and the approval has been granted on 13.7.2018. It is stated that amount due and payable shall be released, at the earliest.
In view of the statement made, this writ petition stands disposed of with a direction upon the respondent no.3 to ensure release of amount of gratuity alongwith interest payable in terms of the scheme/act, within a period of six weeks from the date of presentation of certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order dated 17.7.2018 was submitted for compliance before the opposite parties on 23.7.2018 by registered post but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
The matter was taken up on 15.3.2019 and on the said date learned Standing Counsel was accorded five weeks' time to seek instruction in the matter.
On the matter being taken up today, Shri K.R. Singh, learned Additional Chief Standing Counsel has placed the instructions dated 22.4.2019 sent by Superintendent of Police, Kushinagar wherein it has been informed that the gratuity amount of Rs.4,44,891/- alongwith 6% interest amounting Rs.51,162/- has already been sanctioned and necessary communication has been sent to the office of the Accountant General (A&E),Bihar, Patna for payment of pension to the applicant. The instruction is taken on record.
In the facts and circumstances this Court is of the opinion that substantial compliance from the end of the opposite parties has already been ensured in the matter.
The Contempt Application is disposed of, accordingly.
Order Date :- 26.4.2019 RKP