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2025 DAILYLAW 121687 (ALL)

SYED MOHAMMAD ARIF HASAN RIZVI v. SRI MASOOM ALI SARWAR, I.A.S. M.D., U.P. STATE ROAD TRANSPORT CORPORATION, LKO.

CAPL/548/2024 · 2025-07-25

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43083 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 548 of 2024 Applicant :- Syed Mohammad Arif Hasan Rizvi Opposite Party :- Sri Masoom Ali Sarwar, I.A.S. M.D., U.P. State Road Transport Corporation, Lko. Counsel for Applicant :- Ghaus Beg Counsel for Opposite Party :- Ratnesh Chandra Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and Shri Ratnesh Chandra, learned counsel appearing for the respondent. 2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 16.10.2023 passed on Writ-A No. 6959 of 2004. 3. Learned counsel for the applicant submits that the decision has not been taken by the respondent considering the provisions of Regulation 39 of U.P. State Road Transport Corporation Employees (other than officers) Service Regulations, 1981, as directed by the writ Court. It is, thus, submitted that the respondent may be summoned and punished, accordingly. 3. Shri Ratnesh Chandra, learned counsel appearing for the respondent submits that the order of the writ Court has been complied with, as the decision has already been taken in the case of the applicant by the competent authority on 19.01.2024. It is, thus, submitted that the application has lost its efficacy and may be dismissed. The affidavit of compliance is taken on record. 4. I have considered the submissions of the learned counsel for the applicant, learned counsel appearing for the respondent and gone through the order of the writ Court as well as contents of the order dated 19.01.2024 passed by the respondent-authority. 5. Apparently, the decision taken by the respondent cannot be examined in the contempt proceedings. The application, accordingly, stands dismissed as infructuous. 6. However, it is always open to the applicant to avail appropriate remedy against the decision taken by the respondent before appropriate forum, if he is feeling so aggrieved. Order Date :- 25.7.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench