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2025 DAILYLAW 124330 (ALL)

VANDANA SINGH v. MR. DR. ADARSH SINGH, EXCISE COMMISSIONER PRAYAGRAJ

CAPL/447/2025 · 2025-02-18

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10325 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 447 of 2025 Applicant :- Vandana Singh Opposite Party :- Mr. Dr. Adarsh Singh, Excise Commissioner Prayagraj Counsel for Applicant :- Hari Om Pandey,Arun Kumar Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for non-compliance of the judgment and order dated 26.11.2024 passed by the writ court in Writ A No. 11190 of 2024. The relevant extract of the same is quoted hereinbelow:- '5. After arguing the matter up to some length it is submitted by learned counsel for the petitioner that grievance of petitioner shall be substantially redressed in case suitable directions may be issued to respondent no. 4 to consider and decide petitioner's representation dated 16.12.2023, annexed as Annexure-6 to the writ petition expeditiously. 6. Learned Standing Counsel has no objection in case suitable directions are issued to respondent no. 4 to consider and decide petitioner's representation. 7. In view of above, present writ petition is disposed of with direction to respondent no. 4 - Excise Commissioner, U.P. Prayagraj to proceed to consider and decide petitioner's representation dated 16.12.2023, annexed as Annexure-6 to the writ petition expeditiously, say within three weeks from the date of production of certified copy of this order, in accordance with law by means of reasoned and speaking order and communicate the decision to the petitioner.' 2. Learned counsel for applicant has submitted that in compliance of the judgment and order passed by the writ court, a decision has been taken by the respondent on the representation of the applicant whereby, the Child Care Leave of 120 days has been approved, whereas the applicant was asking for a total leave of 432 days. 3. After hearing learned counsel for the applicant, it is found that in pursuance of the judgment and order passed by the writ court, the decision has been taken on the representation of the applicant by passing an order dated 01.01.2025, placing reliance upon the Government Orders issued from time to time and thereafter, passed the order. 4. Learned counsel for the applicant has submitted that the said finding given by the respondent is not acceptable for the reason that the government has already asked the respondent to take a decision on the application of the applicant by its letter dated 15.02.2024. The letter which has been relied by the applicant is much prior to the judgment and order dated 26.11.2024, passed by the writ court and in the contempt proceedings, the legality of the order could not be seen particularly, when the writ court has only directed the respondent to take decision on the representation of the applicant in accordance with law. The respondent has decided the matter by placing reliance upon the relevant Government Orders, so the validity of the same could not be examined in the contempt proceedings. 5. In view of the discussion made hereinabove, the present contempt proceedings is devoid of merit hence dismissed. Order Date :- 18.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench