Allahabad High Court
Pradeep Agrawal vs Aparna U, Managing Director on 11 November, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7440 of 2019 Applicant :- Pradeep Agrawal Opposite Party :- Aparna U, Managing Director Counsel for Applicant :- Surendra Nath Tiwari,Santosh Kumar Tiwari Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 9.7.2019 passed in Writ A No. 9908 of 2019 filed by the applicant, this Court directed as under:
"Considering clause 2 (ii) of the transfer policy dated 03.06.2019 and the admitted fact of the matter that the petitioner has worked in Dakshinanchal Vidyut Vitran Limited for the period of more than 15 years, this Court is of the considered view that no exception can be taken to the decision to transfer the petitioner. The transfer of the petitioner being in conformity with the transfer policy, as aforesaid, does not require any interference.
However, as to the claim of the petitioner to consider his request to transfer at a place within the jurisdiction of Paschimanchal Vidyut Vitran Nigam looking his ailment, it would be appropriate that the petitioner may make a fresh representation before the Managing Director, U.P. Power Corporation Limited, Lucknow giving details of his ailment and the medical treatment being received by him, alongwith certified copy of this order.
It is made clear that the petitioner has to submit his joining at the Head Office of the Purvanchal Vidyut Vitran Limited at Varanasi within a period of one week from today. In case, the petitioner appears in the Head Office, Varanasi as aforesaid, his joining report shall be accepted immediately and he shall be intimated about the place of posting. The petitioner would be permitted to file his representation before the respondent no.3 i.e. Managing Director, U.P. Power Corporation Limited, Lucknow to transfer him within the jurisdiction of Paschimanchal Vidyut Vitran Limited only after submission of his joining at the place of his posting.
In the event of filing of the representation, the Managing Director of the Corporation shall be required to pass a reasoned and speaking order in accordance with law, preferably, within a period of four weeks from the date of presentation of the same giving due consideration.
Subject to the above observations and directions, both the petitions are disposed of. "
Learned counsel for the applicant submits that in response to the aforementioned direction, admittedly, the applicant had joined on 10.8.2019 at Deoria and as such, it has been claimed in spite of the joining, the claim/representation of the applicant has not been decided by the opposite party well within time as stipulated by the Writ Court.
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 writ Court within two weeks in letter and spirit 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 record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self-addressed envelope 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 :- 11.11.2019 A.K.Srivastava