The court dismissed a contempt application against the Director of Internal Accounts and Audit after accepting an affidavit of compliance citing seniority treatment granted to the applicants, rendering the application devoid of efficacy.
The contempt application was dismissed.
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Neutral Citation No. - 2024:AHC-LKO:56910
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2074 of 2024
Applicant :- Sri Shiv Ratan Lal Verma And Others Opposite Party :- Smt. Sadhna Srivastava, Director, Deptt. Of Internal Accounts And Audit Lko. Counsel for Applicant :- Mahendra Kumar Srivastava
Hon'ble Rajeev Singh,J.
"1. Heard Shri Mahendra Kumar Srivastava, learned counsel for the applicants and Shri Mohit Jauhari, learned Standing Counsel for the opposite party.
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.2660 of 2023.
3. On 21.05.2024, the following order was passed:-
"1. Heard learned counsel for the applicants.
2. Learned counsel for the applicants submits that the order dated 17.05.2023 passed by this Court in Writ-A No. 2660 of 2023 has been wilfully defied by the respondent.
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.
4. Office is directed to send a copy of this order along with the notice.
5. List this case on 23.07.2024 as fresh."
4. As per the Office report dated 22.07.2024 based on the report of Chief Judicial Magistrate, Lucknow dated 05.06.2024, notice was issued and served upon opposite party no.1 personally.
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:-
"1. Short counter affidavit filed by Mrs. Sadhna Shrivastava, Director, Department of Internal Accounts and Audit, Directorate of Internal
Accounts and Audit, Lucknow is taken on record.
2. Heard.
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.
4. Learned counsel for the applicants submits that there is no stay order, hence, contempt proceeding may not be deferred.
5. List this case on 14.08.2024.
6. By the next date of listing, the respondent shall file affidavit of compliance, failing which, she shall appear in person before this Court."
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.
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.
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.
9. By the next date of listing, the respondent Officer- Smt. Sadhna Shrivastava, Director, Department of Internal 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."
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.
Order Date :- 21.8.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt application should be dismissed having regard to the compliance of the impugned order subject to the pendency of special appeal.
Sri Shiv Ratan Lal Verma And Others
Rajeev Singh
As recorded by the court registry
5 orders share this CNR
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