Ex Inspector Sanjay Kumar Vs Sh. Ajay K. Bhalla and Ors. — Contempt of Court | Delhi HC (2025)

Ex Inspector Sanjay Kumar Vs Sh. Ajay K. Bhalla and Ors. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Contempt proceedings disposed of, taking on record the communication dated 1 July 2025 recording release of the recovered amounts; no finding of continuing wilful disobedience; petitioner left free to pursue any interest claim in WP(C) 13183/2023.

Issue for consideration

Whether the respondents committed contempt of this Court's order dated 9 October 2023 directing computation and disbursement of the petitioner's retiral benefits on the Last Pay Certificate issued on 29 August 2023. +1 more

Court's answer

With the payments now made - the amounts recovered from the petitioner having been released upon upward revision of his pay and consequent pensionary benefits, as recorded in the communication dated 1 July 2025 - no further case of contumacious or wilful disobedience of the order dated 9 October 2023 can be alleged.

Ratio / Principle

The petitioner's claim to differential interest on the retiral payments which were due to him on the date of his retirement cannot form the subject matter of contempt proceedings.

Key takeaways

Any entitlement of the petitioner to interest constitutes a separate cause of action, to be ventilated in WP(C) 13183/2023, which is listed with the contempt petition.ratio¶18

Detailed headnote1 paragraphs

Contempt - alleged non-compliance with order dated 9 October 2023 of the High Court of Delhi directing respondents to compute and disburse retiral benefits to the petitioner (a retired/ex Inspector) on the Last Pay Certificate issued on 29 August 2023 - respondents' counsel handed over, across the Bar, communication dated 1 July 2025 of the Comdt (Estt) HQ SDG (WC) BSF, Chandigarh, recording that amounts recovered from the petitioner stood released upon upward revision of his pay and consequently his pensionary benefits - held, with such payments made, no further case of contumacious or wilful disobedience can be alleged - petitioner's claim for differential interest on the retiral payments cannot form the subject matter of contempt proceedings; any entitlement to interest is a separate cause of action, to be ventilated in WP(C) 13183/2023 listed with the contempt petition - contempt proceedings disposed of, taking the communication dated 1 July 2025 on record.

$~5

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 1894/2023

EX INSPECTOR SANJAY KUMAR .....Petitioner

Through: Mr. M.D. Jangra, Adv.

versus

SH. AJAY K. BHALLA AND ORS. .....Respondents Through: Avinash Singh, SPC with Ms. Archana Kumari and Mr. Raj Kumar, ACM BSF

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

ORDER (ORAL) % 04.07.2025

C.HARI SHANKAR, J.

1. Mr. Avinash Singh, learned SPC for the respondents has handed over, across the Bar, communication dated 1 July 2025 addressed to him by the Comdt (Estt) HQ SDG (WC) BSF, Chandigarh, which notes that the amounts which had been recovered from the petitioner have been released to him by upwardly revising his pay and consequently his pensionary benefits.

2. Though Mr. M.D. Jangra, learned Counsel for petitioner, submits that he is entitled to differential interest on the above payments which were due to his client on the date of his retirement, that cannot form subject matter of contempt proceedings.

Signature Not Ver ified CONT.CAS(C) 1894/2023 Signed By:AAKANSHA SHARMA Signing Da te:0 7.07.2025 19:33:06

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3. The direction of this Court, in its order dated 9 October 2023 of which contempt is alleged was for the respondents to compute and disburse retiral benefits on the Last Pay Certificate issued by them to the petitioner on 29 August 2023.

4. With the payments which have now been made, no further case of contumacious or wilful disobedience can be alleged.

5. The entitlement of the petitioner to interest, if any,would constitute a separate cause of action for which, Mr. Jangra submits, he would be ventilating in WP(C) 13183/2023 which is listed with this contempt petition.

6. Accordingly, taking the communication dated 1 July 2025 on record, thesecontempt proceedings are disposed of.

C.HARI SHANKAR, J.

AJAY DIGPAUL, J.

JULY 4, 2025 /an

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Signature Not Ver ified CONT.CAS(C) 1894/2023 Signed By:AAKANSHA SHARMA Signing Da te:0 7.07.2025 19:33:06

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