In a contempt application arising from a PIL regarding an enquiry proceeding, the applicant stated he had died and sought substitution. The respondent cited a compliance affidavit showing the earlier order was complied with. The court disposed of the application without proceeding further.
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Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2151 of 2015
Applicant :- Ram Sundar Opposite Party :- Sri Jitendra Kumar Secretary Secondary Edu. U.P. Lko. Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Devesh Vikram, learned Standing Counsel.
Learned counsel for the applicant states that the present matter may be passed over as the sole applicant had died and he wants to file substitution application.
On the other hand, Shri Devesh Vikram, learned Standing Counsel on the basis of compliance affidavit dated 22.5.2015 apprises to the Court that the order in question dated 28.6.2012 passed in Public Interest Litigation (PIL) No.31116 of 2012 (Ram Sunder v. State of U.P. & Ors.), whereby the opposite party had been asked to finalise the proceeding in question and complete the enquiry in question, has been complied with as in the present matter admittedly detailed enquiry has been conducted and finally the order dated 20.05.2015 had been passed by the opposite party.
In the facts and circumstances of the case, the Court is of the opinion that the order in question has substantially been complied with and as such the Court is not inclined to proceed any further in the matter. However, it is always open to the the heirs of the applicant to agitate their grievance before the appropriate forum, if they are aggrieved by the order dated 20.05.2015.
The contempt application stands disposed of accordingly. Notices, if any, stand discharged.
Order Date :- 15.5.2019 SP/
Ram Sundar
Sri Jitendra Kumar
Mahesh Chandra Tripathi
As recorded by the court registry
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