Allahabad High Court
Dr. Om Prakash Chandha vs Sri Arvind Kumar Prin.Secy.Medical ... on 14 July, 2014
Author: Devendra Kumar Arora
Bench: Devendra Kumar Arora
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1332 of 2014 Applicant :- Dr. Om Prakash Chandha Opposite Party :- Sri Arvind Kumar Prin.Secy.Medical Health & Family Welfare Counsel for Applicant :- Shishir Jain Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
Submission of learned counsel for the applicant is that applicant approached this Court by means of Writ Petition No. 271 (S/B) of 2013 (Dr. Om Prakash Chandha Vs. State of U.P. and others), feeling aggrieved against non-payment of interest on delayed payment of retiral dues, which includes Gratuity and Commutation of pension. The said writ petition was disposed of by means of order dated 27.02.2013 with direction to the Principal Secretary, Medical and Health Department, Government of U.P., Lucknow to look into the matter and take a decision in the light of judgment of Hon'ble Apex Court, quoted in the order. The decision was to be taken by the Principal Secretary, Medical and Health Department, Government of U.P., Lucknow within four months from the date of receipt of representation along with certified copy of order of the writ Court.
Further submission of learned counsel for the applicant is that copy of the order of writ Court dated 27.02.2013 was sent through speed post on 15.03.2013 followed by reminders on 31.03.2014 and 20.05.2014. As no action has been taken by opposite party in compliance of the order of writ Court, therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 27.02.2013 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 12.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 27.02.2013 passed in Writ Petition No. 271 (S/B) of 2013 (Dr. Om Prakash Chandha Vs. State of U.P. and others).
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.
The copy of contempt petition be also provided to learned Standing Counsel, who may communicate this order to opposite party for compliance.
Order Date :- 14.7.2014 Tanveer/-