Application for contempt dismissed as infructuous because the applicant informed the court that the writ order directing consideration of pension dues grievances had already been complied with, removing any cause of action.
Contempt application dismissed as infructuous.
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Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1458 of 2021
Applicant :- Kiratpal Singh Opposite Party :- Shri Rakesh Kumar, Sub Divisional Magistrate
Counsel for Applicant :- Mohd. Kalim
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 28.08.2020 passed in Writ A No.6288 of 2020 (Kiratpal Singh vs. State of U.P. and 3 others). The order is reproduced hereibelow :-
"Heard Mohd. Kalim, learned counsel for the petitioner and Sri Pramod Kumar Gupta, Advocate holding brief of Tabish Sheikh for respondent no. 3 and 4.
The petitioner is retired from the post of clerk from Nagar Palika Parishad, Deoband, District Saharanpur. It appears that part of retiral dues has been paid to the petitioner, and according to petitioner amount of Rs. 11,19,861/- is due which has not been paid to the petitioner. Petitioner has submitted representation in this regard, a copy of which is annexed as Annexure-5 to the writ petition. Grievance of the petitioner is that remaining amount of Rs. 11,19,861/- of retiral benefits have not been paid by the respondent.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.3-The Executive Officer, Nagar Palika Parishad, Deoband, District Saharanpur raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same by reasoned and speaking order within a period of four months thereafter.
With the aforesaid observations, the writ petition is
disposed of."
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 3.8.2021 Pr/-
2 issues framed by the court
Whether to initiate contempt proceedings for non-compliance with a writ order after the underlying grievance has been addressed.
Whether the present contempt application has become infructuous due to compliance with the prior writ order.
Kiratpal Singh
Shri Rakesh Kumar
Prakash Padia
As recorded by the court registry
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