Mohd. Owais Hashmi v. Sri Anil Kumar-Iii, Ias, Prin. Secy. Environment, Forest and Climate Change Deptt. Lko. and Others

Allahabad HC11 Jul 2025CAPL/332/2025

Case brief

AI extract

What is this about?

Contempt — deferment of contempt proceeding pending Special Appeal (D) No.572 of 2024 — delay in filing special appeal not condoned — non-compliance with writ court order dated 20.3.2024 in Writ A No.5380 of 2023 — post-retiral dues under old pension scheme — affidavit of compliance — appearance for framing of charge — Allahabad High Court, Lucknow Bench — Rajeev Singh, J. — order dated 30.4.2025.

What did the court decide?

Deferment application of respondent no.3 rejected; contempt proceeding to continue — case listed on 7.5.2025 at 11:30 A.M., with respondent no.3 to file affidavit of compliance by the next date, failing which she shall appear for framing of charge. ¶¶17

Mohd. Owais Hashmi Vs Sri Anil Kumar-Iii, Ias, Prin. Secy. Environment, Forest and Climate Change Deptt. Lko. and Others — Allahabad HC (2025) — LawSathi Research

¶1

Court No. - 17

¶2

Case :- CONTEMPT APPLICATION (CIVIL) No. - 332 of 2025

¶3

Applicant :- Mohd. Owais Hashmi

¶4

Opposite Party :- Sri Anil Kumar-Iii, Ias, Prin. Secy. Environment, Forest And Climate Change Deptt. Lko. And Others Counsel for Applicant :- Mohd. Ali,Perwaiz Wahab Khan,Tanzeem Fatima

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard Sri Mohd. Ali, learned counsel for the applicant and Sri Vimal Srivastava, Additional Solicitor General assisted by Sri Mohit Jauhari, Standing Counsel for the State.

¶7

On 5.4.2025, following order was passed :-

¶8

1. Heard learned counsel for the appellant and Sri Amarendra Singh, learned Standing Counsel for the State.

¶9

2. Learned counsel for the applicant submits that grievance of the applicant was not being ventilated in the correct prospective, then Writ A No.5380 of 2023 was filed, which was allowed vide order dated 20.3.2024 with a direction to the opposite party no.3 to ensure the payment of post retiral dues of the petitioner under old pension scheme within a period of three months from the date of production of certified copy of this order. He further submits that admittedly copy of the aforesaid order was served but in place of making compliance of the direction of the writ court, respondents filed Special Appeal (Defective) No.572 of 2024 with a delay of 181 days. He also submits that as no effective steps has been taken by the respondents for deciding the aforesaid special appeal, therefore, under the garb of pendency of said Special Appeal (D), contempt proceeding cannot be deferred and also requested that respondent no.3 be summoned and punished accordingly.

¶10

3. Sri Amarendra Singh, learned Standing Counsel submits that effective steps are taken for disposal of the aforesaid Special Appeal. 4. Considering the submissions of learned counsel for the parties, going through the contents of the order passed by the court as well as deferment application filed by the respondent no.3, as the request for deferment of contempt proceeding is made on the ground that Special Appeal (D) No.572 of 2024 is pending but admittedly, delay in filing the Special Appeal has not been condoned till today, therefore, deferment application is hereby, rejected.

¶11

5. List this case on 30.4.2025.

¶12

6. In case, affidavit of compliance or effective order in the aforesaid Special Appeal is not filed by the respondent no.3, she shall appear before this Court for framing of charge.

¶13

Today, application for deferment of contempt proceeding alongwith short counter affidavit is filed by learned Standing Counsel duly signed by Mrs. Renu Singh, Additional Principal Chief Conservator of Forest/Chief Conservator of Forest, Lucknow Mandal, Lucknow, same is taken on record.

¶14

Learned counsel for the respondent informs that

¶15

Special Appeal is listed tomorrow, therefore, contempt proceeding may be deferred.

¶16

It is evident from the order dated 5.4.2025 passed by this Court that earlier deferment application was moved on the ground of pendency of Special Appeal (D) No.572 of 2024, same was rejected and order was passed for filing affidavit of compliance or effective order in the said Special Appeal be placed before this court, failing which, respondent shall appear before this Court for the purposes of framing of charge, therefore, application for deferment filed today by the respondent no.3 is hereby, rejected.

¶17

6. List this case on 7.5.2025 at 11:30 A.M.

¶18

In case, by the next date of listing, affidavit of compliance is not filed by the respondent no.3, she shall appear before this Court for the purposes of framing of charge.

¶19

Order Date :- 30.4.2025 GauraV/-

¶20

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

Mohd. Owais Hashmi v. Sri Anil Kumar-Iii, Ias, Prin. Secy. Environment, Forest and Climate Change Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Mohd. Owais Hashmi v. Sri Anil Kumar-Iii, Ias, Prin. Secy. Environment, Forest and Climate Change Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Hanuman Prasad Verma and Another Vs Shri Manoj Kumar Sonkar Conservator of Forest Devi Patan Circle U.P. Gonda

Phool Chandra Shukla Vs Shri Manoj Kumar Sonkar, Conservator of Forest Devi Patan Mandal U.P. Gonda

Afzal Ali Rabiul Hasan Sayyed Vs Shri Abhay Kumar Singh, Sub Divisional Magistrate, Tehsil Tulsipur, Distt. Balrampur

Suresh Chandra Shukla Vs Dr. Hari Om, Prin. Secy. Deptt. of Vocation Education and Skill Development Lko. and Another

Prem Harizan @ Prem Chandra @ Premraidas Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Mohd. Afsar Beg Vs Radha Krishan Dhiman Director Sanjay Gandhi P.G. Institute of Medical Science, Lko.