Single judge dismissed a civil contempt petition alleging non-compliance, relying on the petitioner's own admission that retirement benefits and interest were received.
Contempt petition dismissed; notices discharged; petitioner allowed to initiate separate proceedings for alleged short payment.
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S.B. CIVIL CONTEMPT PETITION NO232/2011
(1)
IN THE HIGH COURT JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R IN S.B. CIVIL CONTEMPT PETITION NO232/2011 IN S.B. CIVIL WRIT PETITION NO.9390/2009 (Shiv Prasad Gupta Vs. Shri Ashok Sampatram & Ors.)
Date of Order : 08.09.2014
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Shiv Prasad Gupta, petitioner in person. Mr. Lokesh Katara, OIC for the respondents-contemnors. BY THE COURT
Non-compliance of the order dated 07.12.2010, passed by this Court, has been alleged in this petition.
Mr. Shiv Prasad Gupta, petitioner who appears in person, admits to the fact that his retiral benefits have been released to him along with interest @ 9%. He also admits to having received costs of Rs.10,000/- as directed by this Court. He however submits that yet the respondents are in contempt of the order dated 07.12.2010, passed by this Court, in view of not having been paid interest on the amount of pension commuted as also on the costs.
Mr. Lokesh Katara, OIC appearing for the respondents-contemnors submits that commutation of pension is in the nature of an advance payment of part of pension by the State Government and no interest on such advance payment is conceivable. He submits that costs also cannot carry interest. He submitted that hence the contempt petition be dismissed.
S.B. CIVIL CONTEMPT PETITION NO232/2011
(2)
Heard the counsel for the parties.
In view of the admission by the petitioner that he has received his retiral benefits along with interest thereon, I find no force in the contempt petition.
Dismissed. Notices discharged.
The petitioner however shall be free to take proceedings for the alleged short payment of interest, if so advised, in accordance with law.
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
Shiv Prasad Gupta
Shri Ashok Sampatram & Ors.
Alok Sharma
As recorded by the court registry
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