This court dismissed a civil contempt petition alleging non-compliance with an order directing the release of retirement benefits. The respondent submitted that the order, except for a specific withheld amount, had been complied with, leading to the dismissal.
Contempt petition dismissed. Notices discharged.
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Jamna Shanker Vs. Mr. Purshottam Agrawal & Others (S.B. Civil Contempt Petition No.1037/2012)
September 12, 2014.
HON'BLE MR. JUSTICE ALOK SHARMA
None for the petitioner.
Mr. N.P. Verma, on behalf of respondents.
BY THE COURT :
Non compliance with the order dated 21-11-2011 passed in S.B. Civil Writ Petition No.15812/2012 has been alleged in this contempt petition. Thereunder this court had fundamentally directed the release of the petitioner's retiral benefits while withholding Rs.61,283/- in respect of which an order of penalty for withholding of said amount had been passed. It was also directed that in the event of any unjustifiable delay in releasing the retiral dues, the petitioner would be entitled to interest at the rate of 6% per annum under rule 89 of the Rajasthan Service Rules, 1951 from the date the dues became payable till the date of payment.
Reply to the contempt petition has been filed. It has been submitted that the order dated 21-11-2011 passed by this court has been complied with. Retiral benefits including gratuity, leave encashment etc. with interest as directed have been paid to the petitioner, albeit the amount of Rs.61,283/- has been withheld, in terms of the order of punishment passed by the Disciplinary Authority.
In the facts as they now obtain, compliance with the order dated 21-11-2011 having been made, the contempt petition is liable to be dismissed. Dismissed. Notices are discharged.
(Alok Sharma), J.
arn/
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All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
1 issue framed by the court
Whether the contempt petition is maintainable given that the order dated 21-11-2011 has been complied with.
Jamna Shanker
Mr. Purshottam Agrawal & Others
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
