Dismissed

Charan Jeet Singh v. Sri Jeevan Ram Yadav, Chief Engineer Stage-I (Vindhyachal)

Allahabad HC5 Aug 2021CAPL/598/2021

Case brief

AI extract

What is this about?

In this contempt application, the applicant sought directions to initiate contempt proceedings for alleged non-compliance with a writ order regarding promotion. The court found the application infructuous because the respondent had filed an affidavit of compliance showing the matter was decided by a speaking order on 05.03.2021.

What did the court decide?

None. The contempt application was dismissed as the original order had already been complied with.

Charan Jeet Singh Vs Sri Jeevan Ram Yadav, Chief… — Contempt of Court | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 598 of 2021

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Applicant :- Charan Jeet Singh Opposite Party :- Sri Jeevan Ram Yadav, Chief Engineer Stage-I (Vindhyachal) Counsel for Applicant :- Birendra Shanker Pandey,A.C.Tiwari(Ac),Anil Kumar,Ashutosh Sharma Counsel for Opposite Party :- Vineet Pandey

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Hon'ble Prakash Padia,J.

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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 31.08.2020 passed in Writ A No.6624 of 2020. The operative portion of the order is reproduced hereinbelow :-

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"Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

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The petitioner has preferred the present writ petition inter-alia with the following prayer:-

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"(I) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the petitioner's claim for promotion on the post of Driver and conclude the promotion proceeding which pending before respondent Nos.3/Chief Engineer Stage-1 (Vindhyachal) Irrigation and Water Resource Department Prayagraj U.P. since 2019 expeditiously, preferably within a short and stipulated period."

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It is argued by learned counsel for the petitioner that earlier the petitioner filed a writ petition before this Court being Writ Petition No. 8504 of 2017 and the same was finally decided by a co-ordinate Bench of this Court vide order dated 22.02.2017. By the aforesaid order, the department was directed to consider the claim of the petitioner for his promotion. Pursuant to the same, an order was passed by the Executive Engineer on 16.06.2017 rejecting the claim of the petitioner for his promotion. It is argued that in pursuance to the aforesaid order, a letter was written by the Chief Engineer on 29.08.2018 and in pursuant to the same the petitioner now became entitle for his promotion. Counsel for the petitioner also relied upon a letter dated 22.01.2019 written by the Chief Engineer, copy of which is appended as Annexure No.7 to the writ petition. It is argued that though the claim of the petitioner has already been sent for consideration for promotion but till date no decision has been taken on the same by the respondent No.3.

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Heard learned counsel for the parties. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally permitting the petitioner to submit fresh representation ventilating all his grievances along with self attested computer generated copy of this order downloaded from the official website of High Court Allahabad before respondent No.3/Chief Engineer Stage-1 (Vindhyachal) Irrigation and Water Resource Department Prayagraj U.P. within a period of three weeks from today. If such a representation is filed within stipulated period as mentioned above, the respondent No.3 shall pass appropriate orders on the same in accordance with law expeditiously and preferably within a period of three months from the date of submission of representation before him."

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Affidavit of compliance was filed on behalf of opposite party. It is stated in paragraph 7 of the same that after considering all the materials available on record, the claim and representation of the applicant has been decided in accordance with law by means of the detailed reasoned and speaking order on 05.03.2021, copy of the said order is appended as annexure 1 to the affidavit of compliance. Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.

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In view of the same, the present contempt application is dismissed as infructuous.

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Order Date :- 5.8.2021 Pramod Tripathi

Charan Jeet Singh v. Sri Jeevan Ram Yadav, Chief Engineer Stage-I (Vindhyachal)

Case brief

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Charan Jeet Singh v. Sri Jeevan Ram Yadav, Chief Engineer Stage-I (Vindhyachal)

Case brief

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