Syed Kazim Jaheer and Another Vs Smt. Sadhna Srivastava, Dir. Deptt. of Internal Accounts and Audit, Directorate of Internal Acc.Lko

Neutral Citation No. - 2024:AHC-LKO:56910

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2075 of 2024 Applicant :- Syed Kazim Jaheer And Another Opposite Party :- Smt. Sadhna Srivastava, Dir. Deptt. Of Internal Accounts And Audit, Directorate Of Internal Acc.Lko Counsel for Applicant :- Mahendra Kumar Srivastava

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Hon'ble Rajeev Singh,J.

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Heard.

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On 14.08.2024 following order was passed:-

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"1. Heard Shri Mahendra Kumar Srivastava, learned counsel for the applicants and Shri Mohit Jauhari, learned Standing Counsel for the opposite party.

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2. The present contempt application has been filed with the prayer to initiate contempt proceedings against the opposite party and punish him for committing contempt of this Court deliberately and wilfully flouting the judgment and order dated 17.05.2023 passed by this Court in Writ A No.2654 of 2023; Syed Kazim Jaheer and Another vs. State of U.P. and others.

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3. On 21.05.2024, the following order was passed:-

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"1. Heard learned counsel for the applicants.

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2. Learned counsel for the applicants submits that the order dated 17.05.2023 passed by this Court in Writ-A No. 2654 of 2023 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 23.07.2024 as fresh."

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4. As per the Office report dated 22.07.2024 based on the report of Chief Judicial Magistrate, Lucknow dated 11.06.2024, notice was issued and served upon opposite

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party no.1 personally.

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5. On 23.07.2024, application for deferment of contempt petition along with an affidavit supporting the application was filed, but the prayer was declined and the following order was passed:-

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"1. Affidavit filed by Mrs. Sadhna Shrivastava, Director, Department of Internal Accounts and Audit, Directorate of Internal Accounts and Audit, Lucknow is taken on record.

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2. Heard.

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3. Shri Sunil Bajpai, learned Additional Chief Standing Counsel submits that order of the Writ Court is challenged in a special appeal and the same has already been admitted after condoning the delay, hence, contempt proceeding may be deferred.

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4. Learned counsel for the applicants submits that there is no stay order, hence, contempt proceeding may not be deferred.

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5. List this case on 14.08.2024 along with Contempt Application (Civil) No. 2074 of 2024.

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6. By the next date of listing, the respondent shall file affidavit of compliance, failing which, she shall appear in person before this Court."

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6. Today, it was informed by Mr. Mohit Jauhari, learned Standing Counsel that short counter affidavit along with application for deferment of contempt proceeding, and discharge of notice was also filed in the Registry and the said application was summoned and as it is evident from the aforesaid application, same ground is taken for the deferment of the contempt application and the special appeal is pending, which was already considered and rejected.

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7. In view of the above, the present application for deferment of the contempt application (C.M. Application No.2 of 2024) is hereby rejected.

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8. The Court is also willing to impose cost on the respondent Officer, but on the request of Mr. Mohit Jauhari, Standing Counsel, list this case on 21.08.2024 at 11.30 a.m.

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9. By the next date of listing, the respondent Officer- Smt. Sadhna Shrivastava, Director, Department of Internal

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Accounts and Audit, Directorate Of Internal Accounts and Audit, 510/217, New Hyderabad, Lucknow shall file affidavit of compliance, failing which she shall appear before this Court for framing of charges."

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Sri Mohit Jauhari, learned Standing Counsel filed affidavit of compliance duly signed by Mrs. Sadhna Srivastava, Director, Department of Internal Accounts and Audit, Directorate of Internal Accounts and Audit, New Hyderabad, Lucknow, which is taken on record.

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Sri Mohit submits that the order of the Writ Court has already been complied with subject to decision of the special appeal and formal order has already been passed on 20.08.2024. He also submits that the benefits would be extended to the applicants very soon.

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Considering the contents of the affidavit of compliance, it is evident that seniority of the applicants has been given treating their promotion on the post of Accountant from 24.03.2015.

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Accordingly, the contempt application has lost its efficacy and the same is dismissed .

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Order Date :- 21.8.2024/Arpan

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

Syed Kazim Jaheer and Another v. Smt. Sadhna Srivastava, Dir. Deptt. of Internal Accounts and Audit, Directorate of Internal Acc.Lko

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Syed Kazim Jaheer and Another v. Smt. Sadhna Srivastava, Dir. Deptt. of Internal Accounts and Audit, Directorate of Internal Acc.Lko

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