Disposed

Smt. Usha Singh v. Sri Satrughan Singh, Director, Bal Vikas Sewa Evam Pustahar and Another

Allahabad HC2 Mar 2020CAPL/1442/2020

Case brief

AI extract

What is this about?

In a contempt application for non-compliance with a writ order directing the release of retirement benefits, the court found a prima facie case but granted the respondent an additional six-week opportunity to comply before proceeding with punishment.

What did the court decide?

The respondent was given six weeks from the date of order to comply with the previous writ court order; liberty granted to file a fresh application for punishment if not complied with.

Smt. Usha Singh Vs Sri Satrughan Singh, Director, Bal… — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1442 of 2020

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Applicant :- Smt. Usha Singh Opposite Party :- Sri Satrughan Singh, Director, Bal Vikas Sewa Evam Pustahar And Another

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Counsel for Applicant :- Sitaram Yadav

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Hon'ble Mahesh Chandra Tripathi,J.

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By order dated 1.11.2019 passed in Writ A No.15554 of 2019 filed by the applicant, the Court directed as under:

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"In view of what has been observed above, in case petitioner appears before the respondent no. 4 alongwith certified copy of this order on 11.11.2019, the authority concerned shall ensure that all formalities required to be completed by the petitioner, are undertaken forthwith, and petitioner?s claim for release of retiral benefits as also for grant of ACP benefit would be processed, within a period of two months thereafter. Specific reasoned order shall be passed by the respondent no. 4 in that regard and all consequential benefits including withheld retiral dues shall be released immediately, thereafter."

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It appears that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within six 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 parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.

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The opposite parties shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop 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 parties within the stipulated time as aforementioned.

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Order Date :- 2.3.2020 RKP

Smt. Usha Singh v. Sri Satrughan Singh, Director, Bal Vikas Sewa Evam Pustahar and Another

Case brief

What is this about?

What did the court decide?

Smt. Usha Singh v. Sri Satrughan Singh, Director, Bal Vikas Sewa Evam Pustahar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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