Central Administrative Tribunal - Lucknow
Kripal Singh Yadav vs Mrs P Gopi Nath on 15 September, 2022
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CENTRAL ADMINISTRATIVE
TRIBUNAL LUCKNOW BENCH
LUCKNOW
Contempt Petition No. 332/00026/2014
In Original Application No. 125/2011
This the 14th day of September, 2022
Hon'ble Mr. Justice Anil Kumar Ojha, Member - J
Hon'ble Mr. Devendra Chaudhry, Member - A
Kripal Singh Yadav aged about 63 years S/o Srii Dwarka Prasad
R/o Village Janakpur P.O. Rampur Grant (Golagokaran Nath)
District Kheri (Retired Group D Runner Kheri Tikonia Line).
....Applicant
By Advocate: Shri Prasoon Srivastava.
VERSUS
1. Mrs. P Gopinath Secretary and Director General
Department of Post Dak Bhawan, New Delhi.
.... Opposite Party
By Advocate: Shri Shatrohan Lal
O R D E R (ORAL)
Hon'ble Mr. Justice Anil Kumar Ojha, Member - J Heard learned counsel for the applicant, learned counsel for the opposite party and perused the records.
Learned counsel for the opposite party submitted that opposite party has complied with the order dated 24.10.2013 passed by this Tribunal in OA No. 125 of 2011 by compliance dated 25.11.2020. Compliance report is annexed as Annexure No. 3 to the M.P. No.332/00659/2021.
Learned counsel for the applicant submitted that opposite party has not decided applicants' case as per the direction given by the Hon'ble Apex Court in the matter.
Hon'ble High Court of Allahabad in the case of Dr. Mahendra Dev Vs. Vipin Kumar Sharma & Ors, Special Appeal Defective No. 104 of 2021, decided on 02.02.2021 referring the judgement of Hon'ble Apex Court in J.S. Page 2 of 2 Parihar vs. Ganpat Duggar and others (1996) 6 SCC 291 has held as under:
"The Apex Court in the Case of J.S. Parihar (supra) has clearly held that once the compliance of the order has been made, Court hearing the contempt petition cannot make comment on the merit of the issue. If one is aggrieved by the subsequent order, can take course of the fresh litigation which in fact has been taken by the petitioner herein by maintaining third writ petition in the year 2019 and is pending consideration."
In view of aforesaid authority of Hon'ble High Court of Allahabad, we are of the considered opinion that opposite party has complied with the judgment of this Tribunal dated 24.10.2013. In contempt proceedings consideration on merit of the issue is impermissible.
Accordingly, the contempt petition is closed and notices stand discharged.
Misc. Applications pending, if any, also stand disposed of.
(Devendra Chaudhry) (Anil Kumar Ojha)
Member (A) Member (J)
JNS