Disposed

Dashrath Singh Yadav v. Dr O.P. Rai, District Inspector of Schools and 2 Others

Allahabad HC5 Aug 2021CAPL/445/2021

Case brief

AI extract

What is this about?

Applicant seeks directions for initiating contempt proceedings against respondents for wilful disobedience of a 2020 writ order concerning withheld retirement dues. Court allows prima facie case but grants respondents six weeks to comply before further action.

What did the court decide?

Directing opposite parties to comply with the earlier court order within six weeks; applicant to enable service through registered envelope.

Dashrath Singh Yadav Vs Dr O.P. Rai, District… — Education and Admissions | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 445 of 2021

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Applicant :- Dashrath Singh Yadav Opposite Party :- Dr O.P. Rai, District Inspector Of Schools And 2 Others Counsel for Applicant :- Ramashray Tripathi Counsel for Opposite Party :- S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the applicant.

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The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 20.01.2020 passed in Writ A No.67635 of 2015, which for ready reference is quoted as under:-

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"Heard Sri R.A. Tripathi, learned counsel for petitioner and Sri Shekhar Singh, learned Additional Chief Standing Counsel for the State.

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This writ petition has been filed by petitioner assailing the order dated 06.10.2012 passed by respondent no. 2, whereby an opportunity has been provided to petitioner to submit his attested documents with Management and Management had to forward the same within a week to authorities for disbursal of his withheld retiral dues.

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Petitioner who was a Class III employee in an Institution known as Jai Sat Gurudev Janta Inter College, Dullahpur, District- Ghazipur, attained the age of superannuation on 31.12.2009. It seems that certain retiral dues remained pending on account of papers not submitted by Principal/ Management with educational authorities.

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Sri Tripathi contended that all documents relating to retiral dues had already been submitted by petitioner before Principal/ Management, but due to dispute in Management, the same was not forwarded to authorities for their disbursal.

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On the other hand, learned Additional Chief Standing Counsel invited attention of Court to Para 4 of counter affidavit wherein it is stated that cheque relating to payment of GPF amount is already lying with the Deputy Director, Education Vth Division, Varanasi but petitioner is not coming forward to receive the same.

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Having heard learned counsel for parties and after perusing of record, it appears that there are latches from both sides, on the part of petitioner as well as Management in not forwarding the documents with the said authorities for payment of retiral dues.

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It is directed that in case petitioner approaches District Inspector of

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Schools, Ghazipur within 10 days from today, respondent no. 2 shall see through that retiral dues of petitioner is released, after calling for relevant documents from the Institution in question within next three months.

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With the aforesaid direction, writ petition stands disposed of. "

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Learned counsel for the applicant submits that a 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 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 two weeks from today. The office shall send a copy of this order along with the selfaddressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 5.8.2021

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Pramod Tripathi

Dashrath Singh Yadav v. Dr O.P. Rai, District Inspector of Schools and 2 Others

Case brief

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Dashrath Singh Yadav v. Dr O.P. Rai, District Inspector of Schools and 2 Others

Case brief

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