Ms. Manjari Singh v. Sri Ajay Kumar Srivastava, M.D. and Chief Executive Officer, I.O.B., Chennai and Another

Allahabad HC9 Sept 2024CAPL/341/2024

Case brief

AI extract

What is this about?

Contempt application alleging non-compliance with a Writ Court order quashing termination of a bank officer's service. The court noted earlier rejection of an affidavit of compliance and granted the respondents further time to file a fresh affidavit of compliance, listing the matter for 20.09.2024.

What the court decided

AI extract

Ms. Manjari Singh vs Sri Ajay Kumar Srivastava, M.D. and… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 341 of 2024

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Applicant :- Ms. Manjari Singh Opposite Party :- Sri Ajay Kumar Srivastava, M.D. And Chief Executive Officer, I.O.B., Chennai And Another Counsel for Applicant :- Alok Mishra Counsel for Opposite Party :- Avinash Chandra,Avinash Chandra

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Hon'ble Rajeev Singh,J.

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Exemption application filed today by Sri Avinash Chandra, learned counsel for the respondent is taken on record.

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On 12.08.2024 following order was passed:

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"1. On 23.07.2024, following order was passed:

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"1. Heard learned counsel for the applicant and learned counsel for the respondents.

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2. The present application has been filed with the prayer to summon and prosecute the respondents for deliberately and willfully defying the order dated 07.08.2023 passed by Writ Court in Writ A No.4643 of 2023; Ms. Manjari Singh Vs. Union of India and Ors.

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3. Shri Avinash Chandra, learned counsel for respondents submitted that affidavit of compliance duly sworn in by respondent no.3- Shri Dileep Kumar Barik, General Manager, Human Resources Management Department, Indian Overseas Bank, Central Office, Chennai has already been filed on 30.05.2024. He also submitted that the order of Writ Court has already been complied with and formal order has been passed in terms of the direction passed by the Writ Court on 12.09.2023.

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4. Learned counsel for the applicant filed rejoinder affidavit to the affidavit of compliance dated 30.05.2024 which is taken on record. He submitted that the Writ Court has quashed the termination order as well as the appellate order and after quashing the same, it was obligatory on the part of the respondents to issue formal order for resuming the services of the applicant. He also drew attention of this Court on Rule 20(1)(E) of Indian Overseas Bank Officers Service (Rules and Regulations), 1979 and submitted that admittedly, no formal order was passed after the judgment and order passed by the Writ Court and without giving opportunity of hearing, service of the applicant was terminated and the service of the applicant has again been terminated. He also submitted that second termination order was rightly passed without passing of order related to resumption of service of the applicant.

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5. Considering the submissions of learned counsel for the parties, going through the contents of application as well as affidavit of compliance and rejoinder affidavit, as it is evident that the order of

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Writ Court has not been complied and and service of the applicant has been terminated again, therefore, affidavit of compliance dated 30.05.2024 is hereby rejected.

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6. Learned counsel for the applicant also requested that he may be permitted to implead Shri Dileep Kumar Barik, General Manager, Human Resources Management Department, Indian Overseas Bank, Central Office, Chennai as respondent no.3 in the array of respondents in the memo of application.

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7. The prayer made is allowed.

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8. Learned counsel for the applicant is permitted to carry out necessary impleadment in the memo of contempt application, forthwith.

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9. List this case on 12.08.2024 within to ten cases.

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10. On the next date, newly impleaded respondent no.3 shall file affidavit of compliance, failing which, he shall appear in person before this Court for framing of charge. "

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2. Shri Jaydeep Narayan Mishra, Senior Counsel assisted by Shri Avinash Chandra, learned counsel for respondents filed affidavit of compliance/counter affidavit duly sworn in respondent no.3- by Shri Dileep Kumar Barik, General Manager, Human Resource Management Department, Indian Overseas Bank, Central Office, Chennai which is taken on record.

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3. Learned counsel for the applicant submitted that admittedly, the order was passed by the competent authority on 12.09.2023 without passing any formal order in pursuance of aforesaid rule mentioned in the order dated 23.07.2024 then the said order was challenged in Writ A No.299 of 2024, at the same time, contempt application was also filed. Aforesaid writ petition was dismissed on 17.01.2024 with the observation to avail alternative remedy then the order dated 12.09.2023 was challenged in Special Appeal No.34/2024 which was also rejected on 21.02.2024 with the observation that observation made in the special appeal will not affect the contempt proceeding.

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4. Learned counsel for the applicant further submitted that affidavit of compliance was already rejected on 23.07.2024 by this Court, therefore, contentions mentioned in the counter affidavit are not applicable. He further submitted that it is an undisputed fact that after passing of the order dated 07.08.2023 in Writ A No.4643 of 2023, neither any formal order has been passed nor any opportunity has been given.

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5. Shri Jaydeep Narayan Singh, Senior Counsel has prayed for some time to file fresh affidavit of compliance.

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6. The prayer made is allowed.

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7. Accordingly, list this case on 09.09.2024 within top ten cases in terms of earlier order dated 23.07.2024."

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Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Avinash Chandra, learned counsel for the respondent requests for some time to file affidavit of compliance.

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Accordingly, request made by Sri Jaideep is allowed.

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List this case on 20.09.2024 at 11:30 A.M.

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By the next date, respondent no.3 shall file affidavit of compliance, failing which, he shall appear in person before this Court for framing of charge.

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Order Date :- 9.9.2024 Arpan

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

Ms. Manjari Singh v. Sri Ajay Kumar Srivastava, M.D. and Chief Executive Officer, I.O.B., Chennai and Another

Case brief

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Ms. Manjari Singh v. Sri Ajay Kumar Srivastava, M.D. and Chief Executive Officer, I.O.B., Chennai and Another

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