Dismissed

Rakesh Bahadur Singh v. Sri Amrit Abhijat, Prin. Secy., Deptt. of Nagar Vikas, Lko. and Another

Allahabad HC27 Nov 2024/307/2023

Case brief

AI extract

What is this about?

In this contempt application, the High Court held that the respondent satisfied the conditional direction to pay outstanding dues because the applicant's underlying representation was rejected. Consequently, the non-compliance plea lacked merit.

What did the court decide?

Notice issued in the application, if any, stands discharged; the applicant's remedy lies in assailing the rejection order legally.

Rakesh Bahadur Singh Vs Sri Amrit Abhijat, Prin. Secy… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78783

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 307 of 2023

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Applicant :- Rakesh Bahadur Singh Opposite Party :- Sri Amrit Abhijat, Prin. Secy., Deptt. Of Nagar Vikas, Lko. And Another Counsel for Applicant :- Sunil Kumar Mishra,Pravin Kumar Ahirvar

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Counsel for Opposite Party :- Namit Sharma

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Hon'ble Manish Kumar,J.

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Present contempt application has been preferred for non compliance and wilful disobedience of the order dated 07.02.2022 passed by this Court in Writ A No. 523 of 2022.

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The relevant extract of the judgment and order dated 07.02.2022 is being reproduced hereinbelow:-

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"Considering the facts and circumstances as well as material available on record, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondents No.2 and 3 to consider and decide the pending representation of the petitioner most expeditiously preferably within a period of ten weeks from the date an authenticated copy of this order is placed before the authority concerned. The respondents shall also ensure that in case if there is no legal impediment, they shall make the payment of all the outstanding dues to the petitioner within the aforesaid period."

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Learned Standing Counsel and Shri Namit Sharma, learned counsel for the respondent no. 2 have submitted that in compliance of the judgment and order dated 07.02.2022, the order has been passed whereby the representation of the applicant has been rejected by passing a reasoned order.

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On the other hand, learned counsel for the applicant has submitted that the second part of the order dated 07.02.2022 has not been complied with where this Court has directed that in case if there is no legal impediment, they shall make the payment of all the outstanding dues to the applicant within the period stipulated.

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The said submission of the learned counsel for the applicant is

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not acceptable for the reason that this direction is conditional and when the claim of the applicant has been rejected then the question of any payment to the applicant does not arise at all hence there is no non compliance of the judgment and order of the Writ Court.

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In view of the facts mentioned hereinabove, the judgment and order dated 07.02.2022 has been complied with.

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Present contempt petition is dismissed.

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Notice issued, if any, stands discharged.

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It is always open for the applicant to avail the remedy, as may be permissible under the law to assail the order rejecting his representation, if he so chooses.

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Order Date :- 27.11.2024 Ashish

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

Rakesh Bahadur Singh v. Sri Amrit Abhijat, Prin. Secy., Deptt. of Nagar Vikas, Lko. and Another

Case brief

What is this about?

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Rakesh Bahadur Singh v. Sri Amrit Abhijat, Prin. Secy., Deptt. of Nagar Vikas, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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