Allahabad High Court
Ajay Gupta vs Sri Ramesh Chander Sharma, President- ... on 29 August, 2024
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:138660 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5612 of 2024 Applicant :- Ajay Gupta Opposite Party :- Sri Ramesh Chander Sharma, President- Accounts & Administration Counsel for Applicant :- Sachin Dubey Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present application has been filed pleading non-compliance of the order dated 01.10.2018 passed by this Court in Writ C No. 33073 of 2018.
The operative part of the order dated 01.10.2018 passed by this Court is reproduced below:-
"In view of above, subject to reinstatement and payment of month to month salary to the fourth respondent, the operation of the impugned award in respect of back wages shall be kept in abeyance till the next date of listing. It is further clarified that in case any departmental enquiry is going on, the same may be finalised in between."
It has been contended by the counsel for the applicant that the opposite party has stopped paying salary of the applicant from June, 2024 onwards, therefore, has disobeyed the order passed by the writ Court and is liable to be tried and punished for contempt of court.
The contention of the counsel for the applicant is not acceptable.
Through its order dated 01.10.2018, the writ Court had stayed the execution of the award subject to the condition that the applicant is reinstated in service and paid salary month to month. Non-fulfillment of any of the conditions would entitle the applicant to proceed with the execution of the award and would also empower the Tribunal to proceed with the execution in accordance with law. There is no disobedience of the order passed by the court.
It is not the case for instituting proceedings under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 29.8.2024 Vipasha