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2025 DAILYLAW 190072 (ALL)

SHIV PRAKASH DUBEY v. SHRI SANJAY KUMAR JAIN CHAIRMAN/M.D. INDIAN RAILWAY CATERING TOURISM CORP. LTD. NEW DELHI AND ANRT.

CAPL/3150/2025 · 2025-10-07

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3150 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. The present contempt application has been preferred for alleged disobedience of the judgment and order dated 06.03.2024 passed by this Court in Writ A No. 896 of 2024 ( Shiv Prkash Dubey Vs. Union of India and Ors. The relevant part of the said order/judgment is quoted hereinbelow:- " 3. Let necessary exercise in compliance of the order passed by the Chief Commissioner, as aforesaid, be completed at the earliest, preferably within a period of three months from today. 4. In so far as the grievance with respect to disciplinary proceedings is concerned, the petitioner is at liberty to take up his cause before the appropriate forum. 5. The writ petition is accordingly disposed of. " Learned counsel for the applicant has submitted that this Court vide its judgment and order dated 06.03.2024 has directed that necessary exercise be completed at the earliest preferably within a period of three months from the date of passing of the judgment and order dated 06.03.2024 but the same has not been completed till today. Learned Standing counsel has submitted that the present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as for the first time cause of action arose on 06/07.06.2024 and the present contempt application has been filed on 22.09.2025 i.e. after expiry of one year period from the date when the cause of action first arose. On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971 as one year period had expired on 06/07.06.2025 whereas the present contempt application has been filed on 22.09.2025 i.e. after about more than three months from the period of one year when the cause of action first arose, learned counsel for the applicant is unable to assist the court on the query put by the Versus Counsel for Applicant(s) : Soma Pandey, Shashank Dwivedi, Shashi Kumar Dwivedi Counsel for Opposite Party(s) : Shiv Prakash Dubey .....Applicant(s) Shri Sanjay Kumar Jain Chairman/M.D. Indian Railway Catering Tourism Corp. Ltd. New Delhi And Anrt. .....Opposite Party(s) court to advance the submissions relating to Section 20 of the Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is an admitted case of the applicant that for the first time cause of action arose on 06/07.06.2024 and as per Section 20 of the Contempt of Courts Act, 1971, the contempt petition is to be filed within a period of one year from the date the contempt has alleged to have been committed. For convenience, the Section 20 of the Contempt Courts Act, 1971 is being reproduced hereinbelow:- "20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." Further, in the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed. In the present case, the contempt has alleged to have been committed on 06/07.06.2024 whereas the present contempt petition has been preferred after the expiry of more than one year i.e. on 22.09.2025 whereas it was to be filed prior to or on 06/07.06.2025. Hence, it is barred by Section 20 of the Contempt Courts Act, 1971. In view of the facts and circumstances of the case, the present contempt application is dismissed. October 7, 2025 Ashish CAPL No. 3150 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench