Dismissed

Gyanendra Kr. Gupta v. Kunal Silku, Director, Training and Employment U.P. Lko.

Allahabad HC1 Aug 2024/1924/2024

Case brief

AI extract

What is this about?

Application for punishment under Section 12 of the Contempt of Courts Act for wilful disobedience of a writ order. The court dismissed the application finding that the writ order had already been complied with based on affidavits and counter-evidence submitted.

What did the court decide?

Contempt application dismissed; no punishment awarded; presence of officer discharged.

Gyanendra Kr. Gupta Vs Kunal Silku, Director, Training… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52512

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1924 of 2024

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Applicant :- Gyanendra Kr. Gupta Opposite Party :- Kunal Silku, Director, Training And Employment U.P. Lko. Counsel for Applicant :- Shivam Sharma

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Hon'ble Rajeev Singh,J.

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On 10.05.2024 and 11.07.2024, following orders were passed:

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10.05.2024

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"1. Heard learned counsel for the applicant.

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2. Learned counsel for the applicant submits that the order dated 02.02.2024 passed by this Court in Writ-A No. 762 of 2024 has been wilfully defied by the respondent.

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3. Let notice be issued to the respondent within a week to show cause as to why he should not be punished for wilfull disobedience of the directions of this Court, returnable within two weeks failing which the charges may be framed after summoning the contemnor.

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4. Office is directed to send a copy of this order along with the notice.

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5. List this case on 11.07.2024 as fresh. "

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11.07.2024

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"1. Heard learned counsel for the applicant and learned Standing Counsel.

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2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 02.02.2024 passed on Writ-A No. 762 of 2024.

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3. On 10.05.2024, following order was passed.

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"1. Heard learned counsel for the applicant.

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2. Learned counsel for the applicant submits that the order dated 02.02.2024 passed by this Court in Writ-A No. 762 of 2024 has been wilfully defied by the respondent.

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4. Office is directed to send a copy of this order along with the notice.

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5. List this case on 11.07.2024 as fresh."

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4. As per office report dated 10.07.2024 based on the Chief Judicial Magistrate, Lucknow dated 07.06.2024, notice is already served on respondent no. 1. However, none is present on behalf of respondent no. 1.

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5. Issue bailable warrant to respondent no. 1.

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6. List this case on 01.08.2024 at 11.30 a.m.

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7. Chief Judicial Magistrate, Lucknow is directed to ensure the presence of respondent no. 1 before this Court on the next date. "

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Opposite party- Shri Kunal Siku presently posted as Special Secretary Labour Department, Govt. of U.P., Lucknow is present before this Court. Earlier he was posted as Director, Training and Employment, Govt. of U.P., Lucknow on 12.07.2024 and he was relieved on 16.07.2024. He has stated that officer in question who was dealing with the Court cases has not informed about the notice which was received in his office on 07.06.2024 but the order of Writ Court was already complied with on 31.07.2024.

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Affidavit of compliance has also been filed today by Shri Sunil Bajpai, learned Additional Chief Standing Counsel, in which, it is informed that sensory entry has already been given to the concerned officer, namely, Shri S.K. Gupta, Assistant Director, Training and Employment, Govt. of U.P., Lucknow.

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Considering the submission of counsel for the parties, contents of affidavit of compliance filed today, order of Writ Court as well as Office order dated 12.07.2024 passed by the opposite party, it is evident that order of Writ Court has already been complied with, therefore, no contempt is made out against the opposite party.

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Accordingly, the present contempt application is hereby dismissed.

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However, it is open to the applicant to seek appropriate remedy, if he is having any grievance.

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Presence of officer is hereby discharged.

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Order Date :- 1.8.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Gyanendra Kr. Gupta v. Kunal Silku, Director, Training and Employment U.P. Lko.

Case brief

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Gyanendra Kr. Gupta v. Kunal Silku, Director, Training and Employment U.P. Lko.

Case brief

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What did the court decide?

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