Smt. Krishna Kumari vs Shri Sanjay Mishra Executive Officer Nagar Palika Parishad Gonda — Allahabad HC (2025) — LawSathi Research

Smt. Krishna Kumari vs Shri Sanjay Mishra Executive Officer Nagar Palika Parishad Gonda — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions in the pending contempt proceedings: permission to implead Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda as respondent no.2; notice ordered to respondent no.2; respondent no.2 directed to file affidavit of compliance by the next date of listing; case listed for 19.08.2025. No monetary relief granted in this order; retiral dues of Rs.10,32,822/- (of which Rs.6,32,822/- paid, balance Rs.4 lac) remain as reported earlier.

Issue for consideration

Whether the respondent-officer has complied with this Court's order dated 11.09.2024 in Writ A No.7732 of 2024 (payment of retiral benefits), given his repeated undertakings and only partial payment. +1 more

Court's answer

The Court recorded that neither the affidavit of compliance had been filed nor was the respondent-officer present before it.

Ratio / Principle

Learned counsel for the applicant was permitted to implead Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda as respondent no.2 forthwith.

Key takeaways

Notice was ordered to be issued to respondent no.2.ratio¶27
The case was listed for 19.08.2025 and respondent no.2 was directed to file an affidavit of compliance by the next date of listing.ratio¶28

Detailed headnote1 paragraphs

CONTEMPT APPLICATION (CIVIL) No. 229 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Rajeev Singh, J.), order dated 16.7.2025: A contempt notice issued on 28.01.2025 to the Executive Officer, Nagar Palika Parishad, Gonda for disobedience of this Court's order dated 11.09.2024 in Writ A No.7732 of 2024 (retiral benefits of the applicant, Smt. Krishna Kumari, totalling Rs.10,32,822/-, of which Rs.6,32,822/- was reported paid, leaving Rs.4 lac outstanding) remained unresolved despite the respondent's repeated appearances and undertakings and successive time grants through the orders of 11.03.2025, 22.04.2025 and 12.05.2025, each carrying the warning that failure to file a compliance affidavit would bring the respondent before the Court for framing of charges. On 16.07.2025 neither the affidavit of compliance was filed nor was the respondent-officer present; counsel reported that the respondent had been relieved on 14.06.2025 and charge handed to Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda. The Court accordingly permitted impleadment of Sri Vishal Kumar as respondent no.2, ordered notice to him, directed him to file an affidavit of compliance by the next date of listing, and scheduled the case for 19.08.2025.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 229 of 2025

Applicant :- Smt. Krishna Kumari Opposite Party :- Shri Sanjay Mishra Executive Officer Nagar Palika Parishad Gonda

Counsel for Applicant :- Ravindra Nath Mishra Counsel for Opposite Party :- Anil Kumar Tripathi

Hon'ble Rajeev Singh,J.

It is evident from the record that contempt notice was issued to the respondent on 28.01.2025 for disobedience of the order dated 11.09.2024 passed by this Court in Writ A No.7732 of 2024. It is also evident that on several occasions, the respondent-officer appeared before this Court and gave undertaking for complying with the writ court's order but, till today, entire amount has not been paid to the applicant.

On 12.05.2025, following order was passed :

"1. On 22.4.2025, following order was passed :-

1. On 11.03.2025, following order was passed.

"Sri Anil Kumar Tripathi, learned counsel for the respondent has filed Vakakatnama, which is taken on record.

Learned counsel for the respondent prays for and is granted six weeks' time for filing compliance affidavit, failing which the respondent shall appear before this court for the purposes of framing of charges.

List this case in the week commencing 21.04.2025.

Whenever the case is next listed, name of Sri Anil Kumar Tripathi learned counsel for the respondent shall be shown in the cause list."

2. Today, an affidavit of partial compliance duly sworn by respondent-Mr. Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda has been filed by Shri Anil Kumar Tripathi, Advocate, which is taken on record.

The respondent is also present before this Court in pursuance of the aforesaid order.

3. Shri Anil Kumar Tripathi, learned counsel for the respondent submits that Rs.10,32,822/- was due towards retiral benefits of the applicant, out of which, Rs.6,32,822/- lac has already been paid to her. He prays for some more time to pay the rest of the amount, i.e., Rs.4 lac to the petitioner.

4. Prayer made is allowed.

5. List this case on 12.05.2025.

6. The respondent is directed to file affidavit of compliance by the next date of listing, failing which, he shall appear before this Court for the purpose of framing of charges.

2. Sri Anil Kumar Tripathi, learned counsel for the respondent filed affidavit of

partial compliance of the order of the writ court. He also submits that rest of the due amount would also be transmitted in the account of the applicant by the next date of listing.

3. Accordingly, list this case on 16.7.2025.

4. By the next date of listing, respondent is directed to file affidavit of compliance, failing which, he shall appear before this Court for the purpose of framing of charge."

Neither the affidavit of compliance is filed nor the respondent-officer is present before this Court.

Sri Anil Kumar Tripathi, learned counsel appearing for respondent submits that respondent has already been transferred and he was relieved from Nagar Palika Parishad, Gonda on 14.06.2025 and charge of Executive Officer, Nagar Palika Parishad, Gonda has been handed over to Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda.

Learned counsel for the applicant is permitted to implead Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda as respondent no.2 forthwith.

Issue notice to respondent no.2.

List this case on 19.08.2025. By the next date of listing, the respondent no.2 is directed to file affidavit of compliance.

Order Date :- 16.7.2025. Rks.

Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.09.2024 passed by this Court in Writ A No.7732 of 2024, disobedience of which led to issuance of the contempt notice on 28.01.2025; the entire amount payable under it remains unpaid.¶6
this Court · 11.09.2024
Prior proceeding
Respondent-officer appeared on several occasions and gave undertaking for complying with the writ court's order, but the entire amount had not been paid to the applicant.¶6
Prior proceeding
By order dated 11.03.2025 (reproduced within later orders), the Vakalatnama (printed 'Vakakatnama') of respondent's counsel was taken on record; six weeks were granted for filing the compliance affidavit, failing which the respondent was to appear for framing of charges; case listed in the week commencing 21.04.2025.¶11
Prior proceeding
On 22.04.2025, an affidavit of partial compliance sworn by respondent Mr. Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda, was filed and taken on record.¶14
Prior proceeding
In the 22.04.2025 hearing, counsel for the respondent reported total retiral dues of Rs.10,32,822/-, of which Rs.6,32,822/- (printed 'Rs.6,32,822/- lac') had been paid; prayer for time to pay the balance of Rs.4 lac was allowed, with a compliance affidavit directed by the next date, failing which appearance for framing of charges.¶16
Prior proceeding
By order dated 12.05.2025 (reproduced in this order), the affidavit of partial compliance of the writ court's order was noted, the respondent's counsel stating the rest of the due amount would be transmitted to the applicant's account by the next date; case listed on 16.7.2025 with direction to file affidavit of compliance, failing which appearance for framing of charge.¶21
Prior proceeding
At the 16.07.2025 hearing, neither the affidavit of compliance was filed nor was the respondent-officer present.¶24
Prior proceeding
Counsel reported that the respondent had been transferred and relieved from Nagar Palika Parishad, Gonda on 14.06.2025, with charge handed over to Sri Vishal Kumar, A.S.D.M., Tarabganj, Gonda.¶25