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2025 DAILYLAW 18318 (ALL)

SANTU PRASAD CHAUDHARY AND 11 OTHERS v. SHRI PRAKASH SINGH

CAPL/644/2025 · 2025-02-14

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21261 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 644 of 2025 Applicant :- Santu Prasad Chaudhary And 11 Others Opposite Party :- Shri Prakash Singh Counsel for Applicant :- Kamla Singh,Vijay Shanker Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 27.09.2023 passed in Writ A No. 13353/2013 filed by the applicant, the writ Court directed as under: "After having the rival submissions extended by learned counsel for the parties and after perusal of the counter affidavit preferred by respondent no. 5 which more or less supporting the case of the petitioners, the order dated 12.09.2012 is hereby set aside. All the petitioners are thereby treated as permanent incumbent of the institution, arrears of salary from July, 2012 till date of their retirements be extended. Since there is hardly any case made out by the respondents that the petitioners never rendered their services for the institution and thereafter, retiral benefits admissible to the petitioners be also extended within a period of six months from the date of production of certified copy of this order." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 21.11.2024, but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within two months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 14.2.2025/Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad