Neutral Citation No. - 2025:AHC:79967 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5351 of 2023 Applicant :- Deep Narayan Opposite Party :- Sri Balkar Singh,Md And 2 Others Counsel for Applicant :- Bijendra Kumar Mishra Counsel for Opposite Party :- Sanjay Kumar Om Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant. The present contempt application has been filed pleading willful disobedience of the order dated 15.3.2023 passed by this Court in Writ - A No. 4386 of 2023 whereby this Court had quashed the order and the act of the respondents in making deductions from the gratuity of the applicant. The operative part of the order passed by this Court is reproduced below : - "Having heard learned counsel for the parties and having perused the material available on record, I am of the opinion that in view of the dictum of the Hon'ble Apex Court in re; Rafiq Masih (supra) as well as fact that the impugned orders is passed without giving any opportunity of hearing to petitioner, the impugned orders dated 20.02.2020 and 31.01.2022 are patently illegal, arbitrary and uncalled for, therefore, the same are hereby set aside/quashed. In case, respondents believe that case of petitioner falls within the exception of Rafiq Masih case (supra) or that his salary was wrongly paid in excess and need for refixation for future payment is required, they may pass fresh order only after giving a notice and proper opportunity of hearing to petitioner. Such a notice may be given by respondents, if so required, to the petitioner within a period of six weeks from the date of production of certified copy of this order and the entire process shall also be completed within a further period of two months from the date of issuance of notice. In case such a notice is not issued to petitioner within six weeks, respondents shall also pay the amount already deducted from the petitioner under the impugned order. With the aforesaid, present writ petition is allowed." It is apparent from the order of this Court that the impugned order in the aforesaid writ petition was set-aside on grounds of denial of opportunity of hearing and on the presumption that recovery was being made from the applicant probably due to excess payment of salary. A compliance affidavit has been filed by the opposite party disclosing that an order dated 20.9.2023 was passed again deciding the claim of the applicant and certain amount of the applicant payable as retiral dues was withheld as there were some dues on the applicant because the goods were in his possession while he was posted as Junior Engineer and which were not submitted by the applicant after he retired. A supplementary affidavit has also been filed disclosing that a show cause notice dated 30.12.2023 had been issued to the applicant but the applicant had failed to give any reply to the aforesaid notice. Be that as it may, the claim of the applicant has been finally decided by the opposite party vide order dated 20.9.2023, therefore, it is not a case to proceed further under the Contempt of Courts Act, 1971. The applicant has the remedy to challenge the aforesaid order before the competent forum. The application is dismissed. Order Date :- 15.5.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad