Allahabad High Court
Sheetla Bux Singh & 13 Ors. vs Manoj Kumar Singh & Another on 15 November, 2019
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 2143 of 2014 Applicant :- Sheetla Bux Singh & 13 Ors. Opposite Party :- Manoj Kumar Singh & Another Counsel for Applicant :- Som Kartik Counsel for Opposite Party :- C S C Hon'ble Chandra Dhari Singh,J.
The petition initiation of proceedings under Contempt of Courts Act, 1971 for wilful disobedience of order dated 06.01.2011 passed in Writ Petition No.32 (SS) of 2011.
Learned counsel for the petitioner has submitted that order dated 06.01.2011 (supra) has not been complied with in its letter and spirit. Learned counsel has further submitted that the responden has given an assurance before the contempt Court in earlier contempt proceedings being Contempt No.294 of 2012 that monetary benefit would be given to the petitioners. After dismissal of Contempt No.294 of 2012 on 26.11.2013, the petitioners have been paid the enhanced salary as per the writ Court order but after two months, the enhanced payment has been stopped.
Learned counsel for the petitioner has submitted that action of the respondents is gross contempt of writ Court order as well as order of the contempt Court. Learned counsel has submitted that in view of the said facts and circumstances of the case, it is a fit case for initiation of proceedings under Section 12 of Contempt of Courts Act, 1971 against the respondents.
Per contra, learned counsel for the respondents has invited attention of the Court towards counter affidavit dated 18.02.2015 to say that order dated 20.11.2014, which has been appended as Annexure - CA 3 with the counter affidavit, was passed by respondent no.2 after considering that on similar facts and circumstances, Special Appeal Defective No.816 of 2013 was disposed of vide order dated 21.11.2013 and the matter was remitted back to the writ Court for deciding afresh in the light of the judgment passed in Dharampal Singh Rajpoot and others vs. State of U.P. and others. It has also been submitted that the said question of law which is related to present case also is still pending before the writ Court in other matter. In view of the said fact, learned counsel for the respondents has submitted that there is legal impediment for giving salary as per order of the writ Court.
I have heard learned counsel for the parties and perused the record. I have also perused order of the writ Court 06.01.2011 (supra) and order dated 21.11.2013 (supra) as also order passed by DIOS dated 20.11.2014. It is apparent that while passing the order, DIOS has considered all the relevant facts and circumstances of the case as well as order dated 21.11.2013 (supra) passed in Special Appeal Defective No.816 of 2013 and found that there is legal impediment in making payment to the petitioner as per order passed by writ Court dated 06.01.2011 (supra).
In view of the above, I am convinced that by passing order dated 20.11.2014 (supra), the DIOS has not committed any contempt.
Accordingly, the contempt petition is disposed of.
However, if the petitioner feels aggrieved by order dated 21.11.2014 passed by DIOS, he may avail appropriate remedy before appropriate forum.
Order Date :- 15.11.2019 nishant/-