Dr a S Sandhu Vs Shri Amit Aggarwal and Others — Contempt of Court | Punjab & Haryana HC (2025)

Dr a S Sandhu Vs Shri Amit Aggarwal and Others — Contempt of Court | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

No contempt proceedings initiated (rule discharged). Petitioner permitted to seek interest on delayed disbursal of retiral benefits by filing a representation before the quarter concerned within two weeks; it is to be dealt with as per law within four weeks of receipt through a speaking order, conveyed to the petitioner within a further two weeks; any respondent-side delay exposes the officer concerned to personal costs of Rs.50,000/-.

Issue for consideration

Whether there has been any wilful disregard or disrespect by the respondents towards the orders passed by the Writ Court and the LPA Bench, so as to warrant initiation of contempt proceedings against them. +1 more

Court's answer

Since no specific or categoric relief on payment of interest had been accorded to the petitioner by the Writ Court or the Division Bench, it cannot be held that there was any wilful disregard or disrespect by the respondents towards the orders passed by the writ Court and the LPA Bench; contempt proceedings were accordingly not initiated.

Ratio / Principle

Admittedly there had been delay on the part of the respondents in making disbursement of the retiral benefits; the petitioner shall be at liberty to approach the respondents with regard to claim of interest by filing a representation before the quarter concerned within two weeks from the date of the order.

Key takeaways

The representation claiming interest shall be dealt with, as per law, within four weeks from the date of its receipt, by passing a speaking order thereupon, which shall be conveyed to the petitioner within a period of two weeks thereafter.ratio¶21
In case of any delay on the part of the respondent in acting as directed, the officer concerned would be liable to pay cost(s) of Rs.50,000/- to the petitioner from his/her own pocket.ratio¶21

Detailed headnote1 paragraphs

Contempt of Courts — Punjab & Haryana High Court (Harkesh Manuja J., oral), COCP-36-2025, decided April 03, 2025. Dr A S Sandhu sought initiation of contempt proceedings under Section 12, Contempt of Courts Act, 1971 read with Article 215 of the Constitution against respondents led by Shri Amit Aggarwal, alleging wilful non-compliance of the Writ Court order dated 07.02.2024 in CWP-25461-2023 allowing release of retiral benefits, upheld in intra-Court appeal vide order dated 10.04.2024 in LPA-901-2024. All retiral benefits stood released; the residual grievance was interest on delayed disbursal, for which neither the Writ Court nor the Division Bench had accorded specific relief. Since no categoric relief of interest existed, the Court held there could be no wilful disregard or disrespect of the earlier orders and declined contempt action. Petitioner was directed to file a representation on interest within two weeks, to be dealt with as per law within four weeks by a speaking order conveyed within two further weeks, failing which (on respondent-side delay) the officer concerned would bear personal costs of Rs.50,000/-. Petition disposed of; rule discharged.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

COCP-36-2025 Date of Decision: April 03, 2025

DR A S SANDHU

........Petitioner

Versus

SHRI AMIT AGGARWAL AND OTHERS

........Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: M r. K.L. Singla, Advocate for t h e petitioner.

M r. Alankrit Bhardwaj, Advoca t e f o r respondent Nos.2 and 3.

HARKESH MANUJA, J. (ORAL)

B y way of present petition fil e d under Section 12 of th e Contempt of C ourts Act, 1971 read with A rticle 215 of the Constitutio n of India, pray e r has been made for initiat i on of contempt proceeding s against the respondents on account of alleged willful non-compliance o f order dated 0 7.02.2024 passed by this Court in CWP-25461-202 3 whereby the writ petition filed at the in s tance of the petitioner wa s allowed with r espect to release of retiral benefits and the said decisio n was even up h eld in an intra-Court appeal vide order dated 10.04.202 4 passed in LP A -901-2024.

L e arned counsel for respondent Nos.1 and 2 submits that al l the reitral be n efits payable to the petition e r stands released, however , still the griev a nce is being put forth with r e spect to grant of interest o n the delayed disbursal which has nowhere b een specifically accorded t o the petitioner by the Writ Court or in the intra-Court appeal by th e Division Benc h .

I h ave heard learned couns e l for the parties and gon e through the p a per-book as well as the ord e rs passed by the Writ Cour t and the Divisi o n Bench.

Si n ce no specific or categoric relief on the payment o f interest has b e en accorded in favour of the petitioner, it cannot be held

TEJWINDER SINGH 2025.04.05 14:04 I attest to the accuracy and integrity of this document

COCP-36-2025

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by any stretch of imagination that there has been any wilful disregard or disrespect on the part of the respondents towards the orders passed by the writ Court and the LPA Bench, however, admittedly since there has been delay on the part of the respondents while making disbursement of the retiral benefits, the petitioner shall be at liberty to approach the respondents with regard to claim of interest by filing representation before the quarter concerned within a period of two weeks from today, which shall be dealt with, as per law, within a period of four weeks thereafter from the date of its receipt by passing a speaking order thereupon, which shall be conveyed to the petitioner within a period of two weeks thereafter and in case of any delay on the part of respondent, the officer concerned would be liable to pay cost(s) of Rs.50,000/- to the petitioner from his/her own pocket.

Accordingly, the present petition is disposed of. Rule discharged.

03.04.2025 Tejwinder	(	HARKESH MANUJA) JUDGE
	Whether speaking/reasoned	Yes/No
	Whether Reportable	Yes/No

TEJWINDER SINGH 2025.04.05 14:04 I attest to the accuracy and integrity of this document