मा० न्यायालय ने अनुदेशकों को 17000 ₹ मानदेय भुगतान न होने पर अधिकारियों पर सख्त,8 दिसम्बर तक दी मोहलत वर्ना कार्यवाही।
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. ➖ 39
Case 👉 CONTEMPT APPLICATION (CIVIL) No.➖ 3204 of 2020
Applicant 👉 Ashutosh Shukla
Opposite Party 👉 Rajendra Prasad Tiwari Chief Secretary Government And Another
Counsel for Applicant 👉 Durga Tiwari
✔️ Hon'ble Rajeev Misra,J.
Heard MrS. Durga Tiwari, learned counsel for applicant and Mr. Dhru Narayan Mishra, learned Standing Counsel representing opposite parties.
✔️ This contempt application has been filed by applicant Ashutosh Shukla alleging wilful and intentional disobedience of order dated 20.8.2019, passed by Writ Court.
✔️ Present contempt application came up for admission on 18.9.2020 and this Court passed the following order:
✔️ "Issue notice to the opposite parties to show cause as to why they should not be punished for being in contempt of the order of this court dated 20.8.2019 in Writ-A No. 55238 of 2017 as well as order dated 17.2.2020 in Contempt Application No. 1095 of 2020.
✔️ The opposite parties need not appear in person at this stage and can file their reply through counsel.
List in week commencing 23.11.2020. "
✔️ Office has submitted a report dated 20.11.2020 stating therein that notices issued to opposite party nos. 1 and 2 have been served upon them through their office clerk.
✔️ Learned Standing Counsel Mr. Dhru Narayan Mishra, has filed separate application on behalf of opposite party nos.
✔️ 01and 02 in Court today. By means of aforesaid applications, it has been prayed that against the order of writ court dated 20.8.2019, Special Appeal Defective No. 660 of 2020 has already been filed.
✔️ It is thus prayed that till the disposal of appeal, the present contempt proceedings be deferred.
In opposition to the contention of learned Standing Counsel, learned counsel for applicant submits that mere filing of appeal will not amount to stay of an order.
✔️ She has invited the attention of Court to the provisions contained under Order XXXXI Rule 5 C.P.C.
✔️ After hearing the learned counsel for parties, the undisputed point which emerges is that writ petition filed by applicant was allowed vide order dated 20.8.2019. On date, a period of more than one year has rolled by, but the order of writ Court has not been complied with, In view of above, let the matter come up again on 08 / 12 / 2020.
✔️ By the next date, opposite parties shall comply with the order of the writ court and file an affidavit of compliance or appear in person for framing of charge.
Order Date
⤵️
23 / 11 / 2020
Arshad
