Contempt application for non-compliance of writ court order directing fresh consideration of promotion claim. Court found respondent complied by considering the five member committee report and dismissed the application.
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Neutral Citation No. - 2024:AHC-LKO:82079
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 873 of 2024
Applicant :- Kunwar Singh Opposite Party :- Ms. Reena Singh, Registrar Dr. A.P.J. Abdul Kalam Technical University, Lko. And Another Counsel for Applicant :- Anushri Verma,Savita Kumari Counsel for Opposite Party :- Lalit Shukla
Hon'ble Manish Kumar,J.
Heard.
The present contempt application has been preferred for non compliance of judgment and order dated 16.10.2023 passed by the writ Court in Writ A No. 8032 of 2023. The relevant extract of the said judgment is quoted hereinbelow:-
"Considering the submissions made at the bar and the fact that the provisions of Clause 10 of the Government Order dated 28.05.1997 provide for steps to be taken, in the event, a procedure of sealed cover is adopted in respect of promotion, which has admittedly not been done by the University and no order exists to that effect, the present writ petition is disposed off directing the respondent no.3 to pass a fresh order on the claim of the petitioner for promotion. While doing so, the respondent no.3 shall have adequate consideration of the guidelines given in Clause 10 of the Government Order dated 28.07.1997 as well as the report the five member Committee. The respondent no.3 shall take decision within a period of six weeks from the date of production of certified copy of this order."
Learned counsel for the applicant has submitted that in compliance of the judgment and order dated 16.10.2023, the representation of the applicant was decided merely on the basis of guidelines given in clause 10 of the G.O. dated 28.07.1997 without considering the five member Committee report, as directed by this Court by its judgment and order dated 16.10.2023.
Learned counsel for the respondent accepted the said objection raised by the learned counsel for the applicant and prayed to be allowed to revisit the matter as per the report of the five member committee also. The time was granted thereafter, a counter affidavit has been filed on 22.11.2024 along with an application for discharge of the contempt notice enclosing therein the decision taken on 20.11.2024 wherein the five member committee report was also referred and considered.
At this point, learned counsel for the applicant has submitted that the respondent while taking decision had not considered the letter/decision dated 05.05.2014 taken by the University itself which was taken by the Committee of five members constituted to investigate the matter.
The said submission/objection of learned counsel for the applicant is not acceptable for the reason that the said reference is while recording the submission made by learned counsel for the applicant before the writ court. The direction was in para 5 of the judgment and order dated 16.10.2023 which has already been quoted above wherein the representation was to be decided only considering two things, first is the guidelines given in clause 10 of the Government order and a five member Committee report which have been considered while deciding the representation of the petitioner by passing an order dated 20.11.2024.
In view of the facts mentioned hereinabove, the judgment and order of this Court has been complied with.
The contempt application is dismissed as such.
Notice if any, is hereby discharged.
Order Date :- 9.12.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the respondent complied with the writ court order dated 16.10.2023 by considering the five member Committee report?
Kunwar Singh
Ms. Reena Singh
Dr. A.P.J. Abdul Kalam Technical University, Lko.
Another
Manish Kumar
Nitesh Kumar Tewary
As recorded by the court registry
6 orders share this CNR
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