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2025 DAILYLAW 170467 (ALL)

DR. MUKESH KUMAR v. SHRI MANOJ KUMAR TYAGI, DISTT. PANCHAYAT RAJ OFFICER, AMETHI

CAPL/4865/2024 · 2025-02-21

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11368 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4865 of 2024 Applicant :- Dr. Mukesh Kumar Opposite Party :- Shri Manoj Kumar Tyagi, Distt. Panchayat Raj Officer, Amethi Counsel for Applicant :- Anu Pratap Singh Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non-compliance of judgement and order dated 21.08.2024 passed in Writ-A No.6637 of 2024, the relevant extract of the order is quoted hereinbelow: "Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.5 i.e., the District Panchayat Raj Officer, Amethi ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of ten days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of one month from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith, if there is no legal impediment." Learned Standing counsel on the basis of instruction dated 11.2.2025 received from the respondent, copy of which has been placed, which is taken on record, has submitted that in compliance of the judgement and order passed by the writ court, the representation of the applicant has been decided by order dated 11.2.2025, copy of which has already been forwarded to the applicant and photocopy of the same has been provided to the learned counsel for the applicant. Learned counsel for the applicant has submitted that in the representation the applicant had prayed two reliefs, firstly, for payment of arrears of salary and secondly, for posting, but the posting order has not been passed, so the judgement and order passed by the writ court has not been complied with. The said submission made by the learned counsel for the applicant is not acceptable for the reason that the writ court has not directed for posting of the applicant. The direction was to take decision on the representation of the applicant, which has already been taken, so the judgement and order passed by the writ court has been complied with. The contempt petition has become infructuous and is dismissed accordingly. Notice issued earlier, if any, stands discharged. Order Date :- 21.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench