Disposed¶15

Kailash Chandra Srivastava v. Sri Sanjay Kumar Mishra, the Executive Officer, Nagar Palika Parishad Gonda

Allahabad HC16 Jul 2025CAPL/4696/2024

Case brief

AI extract

What is this about?

Keywords: contempt application (civil); post retiral dues; pension commutation; wrongful deduction from pension; Nagar Palika Parishad Gonda; Executive Officer Sanjay Kumar Mishra; affidavit of compliance; framing of charge; Kailash Chandra Srivastava; Rajeev Singh, J.; Lucknow Bench; order dated 26.03.2025; next listing 29.04.2025.

What did the court decide?

Compliance monitoring continued: case listed on 29.04.2025; respondent to file affidavit of compliance in letter and spirit by the next date, failing which to appear in person before the Court for framing of charge. ¶15

Kailash Chandra Srivastava vs Sri Sanjay Kumar Mishra, the Executive Officer, Nagar Palika Parishad Gonda — Allahabad HC (2025) — LawSathi Research

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4696 of 2024

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Applicant :- Kailash Chandra Srivastava Opposite Party :- Sri Sanjay Kumar Mishra, The Executive Officer, Nagar Palika Parishad Gonda Counsel for Applicant :- Himanshu Shekhar,Manish Kumar Pandey

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Counsel for Opposite Party :- Anil Kumar Tripathi,Anil Kumar Tripathi

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Hon'ble Rajeev Singh,J.

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On 05.03.2025, following order was passed:-

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"Sri Sanjay Kumar Mishra, Executive Officer, Nagar Palika Parishad, Gonda i.e. the respondent is present and has filed an affidavit of partial compliance which is taken on record.

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Learned counsel for the respondent has submitted that the applicant is entitled for payment of Rs. 28,76,000/- against post retiral dues out of which only Rs. 8,71,000/- and odd has been paid and requested for two months' time for payment of remaining amount i.e. around Rs. 20,00,000/-.

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On the other hand, learned counsel for the applicant has submitted that not only the payment has not been made as per the direction of the writ Court but the respondent after commutation of the pension of the applicant, the sum of Rs. 8,52,110/- has not been paid but simultaneously, the deductions have been made from the pension of the applicant since the month of January, 2023 and since then till February, 2025, a sum of Rs. 2,07,984/- has already been deducted.

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At this stage, learned counsel for the respondent has submitted that it should not have been done and if the same has been done, the Officer, who is present will pass an order by tomorrow i.e. 06.03.2025 for no recovery of the said amount till the payment of the amount of commutation of pension to the applicant and the amount which has wrongly been deducted will also be paid within a period of one week.

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The respondent who is present has also made a statement before this Court that the order for not recovering the amount will be passed by tomorrow i.e. 06.03.2025 and the amount deducted will be paid to the applicant within a week.

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List this case in the week commencing 24.03.2025 for filing further compliance affidavit as per the statement given by the respondent and he shall appear on the next date of listing."

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The respondent-officer, who filed partial affidavit of compliance, is present today before this Court.

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3. List this case on 29.04.2025.

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By the next date, the respondent shall file affidavit of compliance in letter and spirit, failing which, he shall appear in person before this Court for framing of charge.

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Order Date :- 26.3.2025 Arpan

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

Kailash Chandra Srivastava v. Sri Sanjay Kumar Mishra, the Executive Officer, Nagar Palika Parishad Gonda

Case brief

What is this about?

What did the court decide?

Kailash Chandra Srivastava v. Sri Sanjay Kumar Mishra, the Executive Officer, Nagar Palika Parishad Gonda

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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