Disposed

Sonu @ Javed v. Dr. Rajkumar, Chief Medical Officer

Allahabad HC6 Mar 2020CAPL/1303/2020

Case brief

AI extract

What is this about?

The court considered a contempt application alleging non-compliance with a prior writ order requiring the respondent to decide a pension claim. Prima facie contempt was made out, and the respondent was given three weeks to comply or face further proceedings. The application was disposed of at this interim stage.

What did the court decide?

The Opposite Party was given three weeks to comply with the prior writ order and intimate the order to the applicant.

Sonu @ Javed Vs Dr. Rajkumar, Chief Medical Officer — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1303 of 2020

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Applicant :- Sonu @ Javed Opposite Party :- Dr. Rajkumar, Chief Medical Officer Counsel for Applicant :- Atul Kumar Shahi

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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By order dated 20.5.2019 passed in Writ A No. 8012 of 2019 filed by the applicant, this Court directed as under:

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"In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, it is provided that the second respondent, Chief Medical Officer, Meerut, shall consider and decide the claim/representation of the petitioner, by a reasoned and speaking order, expeditiously, preferably, within three months from the date of filing of certified copy of this order along with the copy of the writ petition.

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With the aforementioned observations/directions, the writ petition stands disposed of. "

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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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 three weeks from the date of production of a certified copy of this order.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the selfaddressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

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The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the selfaddressed envelope within a week thereafter.

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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.

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Order Date :- 6.3.2020 A.K.Srivastava

Sonu @ Javed v. Dr. Rajkumar, Chief Medical Officer

Case brief

What is this about?

What did the court decide?

Sonu @ Javed v. Dr. Rajkumar, Chief Medical Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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