NANDU SINGH v. SRI RAKESH KUMAR, EXECUTIVE ENGINEER / WORK SUPERINTENDENT, LOK NIRMAN VIBHAG, LKO.
CAPL/3976/2023 · 2025-02-20
Manish Kumar
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 168710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168710 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11071 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3976 of 2023 Applicant :- Nandu Singh Opposite Party :- Sri Rakesh Kumar, Executive Engineer / Work Superintendent, Lok Nirman Vibhag, Lko. Counsel for Applicant :- Virendra Kumar Dubey Hon'ble Manish Kumar,J. The present contempt petition has been preferred for alleged non-compliance of judgement and order dated 2.5.2023 passed in the Review Petition, the relevant extract of the same is quoted hereinbelow:
"4. In view of the above, this Court has come to the conclusion that the date of birth of the petitioner is 12.7.1967.
5. Accordingly, the review petition is allowed. Judgement and
order dated 31.5.2018 is reviewed and a direction is issued to treat the petitioner's date of birth as 12.7.1967 in place of 10.2.961."
Learned counsel for the applicant has submitted that the salary is not being paid to the applicant, hence there is a willful disobedience of judgement and order passed in the review petition. On the other hand learned Standing Counsel has submitted that in compliance of the judgement and order passed in the review petition the date of birth of the applicant has been corrected in the service record. On being asked from the learned counsel for the applicant whether the correction has been made in the service record or not, he has replied that the correction has been made as per the direction of this court. On being asked if there is any direction for payment of salary in the review petition, he has said that there is no such direction in the review petition. The Court has again asked what was the
order / judgement dated 31.05.2018 and is there any direction for payment of salary, he has said that the writ petition was dismissed.
In view of the facts and discussion made hereinabove, the present contempt petition is a frivolous and an abuse of process of court. The contempt petition is hereby dismissed. The notice, if any, issued against the respondent is hereby discharged.
Order Date :- 20.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench