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Allahabad High Court · body

2025 DAILYLAW 184975 (ALL)

CHANDAN PATHAK v. SHRI ASHOK KUMAR DWIVEDI, ENGINEER IN CHIEF (H.O.D.) U.P. PUBLIC WORKS DEPTT. LKO.

CAPL/3606/2025 · 2025-11-12

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3606 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard applicant in person. Present contempt application has been preferred for alleged non- compliance of the judgment and order dated 16.09.2025 passed in Writ A No. 10855 of 2025. The relevant excerpts of the said judgment and order is being reproduced hereinbelow:- 8. In view thereof, without interfering with the order impugned, the opposite party no.2 i.e. Engineer in Chief (H.O.D.) Uttar Pradesh Public Works Department, Lucknow is directed to consider and decide petitioner's complaint which was emailed to him on 08.09.2025 itself. Appropriate decision with regard to same shall be taken within one week from the date certified copy of this order is served upon concerned authority. Applicant has submitted that the respondent has not taken any decision on the complaint, which was e-mailed to him on 08.09.2025 by the applicant for which the direction was issued by the Writ Court and in support of his submissions, he drew attention of this Court at annexure no. 2 i.e. e-mail complaint dated 08.09.2025. It has further been submitted that the decision was taken by the respondent on 13.10.2025 only on the complaint given by the applicant physically on the same date i.e. 08.09.2025 regarding corruption committed by the officials, hence, the respondent has willfully and intentionally disobeying the judgment and order passed by the Writ Court. Versus Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) : Chandan Pathak .....Applicant(s) Shri Ashok Kumar Dwivedi, Engineer In Chief (H.O.D.) U.P. Public Works Deptt. Lko. .....Opposite Party(s) After hearing applicant, who is appearing before this Court in person, going through the record of the case and the order dated 13.10.2025 (copy of which has been enclosed as annexure no. 4 to the paper-book) wherein at page no. 2 of the decision dated 13.10.2025, it has been mentioned that the applicant has given a complaint through e-mail on 08.09.2025, thereafter, it was quoted and then on the basis of preliminary inquiry and other material, the order has been passed so the submission of the applicant i.e. the decision was taken on the complaint made by him physically and not on the complaint sent by him through e-mail as directed by the Writ Court is found to be incorrect. The direction was only to consider and decide the petitioner's complaint by the Writ Court, which respondent has decided, hence, no contempt is made out. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit,hence, dismissed. November 12, 2025 Ashish CAPL No. 3606 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench