A contempt proceeding alleging non-compliance of a Division Bench direction to pass a fresh speaking order on recoveries, considering the Supreme Court judgment in Rafiq Masih. The Court found the respondents had passed the required speaking order and disposed of the contempt petition.
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LAKSHMAN SINGH ..... Petitioner
Through: Mr. R.K. Shukla and Ms. Nisha Maurya, Advocates.
versus
AHUTOSH GANGAL & ORS. ..... Respondents
Through: Mr. Pratima M. Lakra, CGSC with Mr. Shubham Jain, Ms. Vanya Bajaj, Advocates. Mob. 9711569975
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 05.01.2024
“XXX XXX XXX
7. Therefore, according to us, the instant writ petition can be disposed of with the following directions: -
i) In case respondents were to pass a fresh order qua recoveries against the petitioner, they will, as directed by the Tribunal, accord opportunity of hearing to the petitioner.
(ii) Respondents, while passing the fresh order, will take into account the judgment of the Supreme Court in Rafiq Masih’s case .
(iii) The respondents will also examine: whether the OM dated
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:13:16
02.03.2016, issued by the DoPT, is applicable to the petitioner? In case, the concerned authority concludes that the said OM is not applicable, it will furnish reasons as to why it is not applicable in the petitioner’s case.
(iv) A copy of the speaking order, passed by the respondents, shall be furnished to the petitioner.
(v) The aforesaid exercise will be carried out with due expedition, though not later than 6 weeks from the date of receipt of a copy of this judgement.
XXX XXX XXX”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:13:16
passing the order dated 5th August, 2021 have been considered at the time of passing the speaking order dated 29th November, 2021.
MINI PUSHKARNA, J
JANUARY 5, 2024 ak
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:13:16
1 issue framed by the court
Whether the respondents complied with the Division Bench order dated 5 August 2021 in W.P.(C) 7838/2021 by passing a speaking order.
Colour shows how this judgement treated each authority
State of Punjab and Others Versus Rafiq Masih (White Washer) and OthersReferred¶2
(2015) 4 SCC 334 · Who else cites this
Lakshman Singh
Ahutosh Gangal & Ors.
Mini Pushkarna
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
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