SMT. MAMTA RASTOGI v. SMT. JYOTI PRASAD DEPUTY DIRECTOR OF EDUCATION (SECONDARY) AND ANOTHER
CAPL/1643/2025 · 2025-04-10
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40458 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40458 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53642
Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1643 of 2025 Applicant :- Smt. Mamta Rastogi Opposite Party :- Smt. Jyoti Prasad Deputy Director Of Education (Secondary) And Another Counsel for Applicant :- Kushmondeya Shahi,Tanuj Shahi Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 27.08.2024 passed in Writ A No. 11250/2024 filed by the applicant, the writ Court directed as under:
"As no useful purpose would be served in keeping the writ petition pending or calling for counter affidavit or issuing notice to respondent no.4, with the consent of the parties, this writ petition is being disposed of at this stage with the direction upon respondent no.4 to immediately provide all the documents as required by the Deputy Direction of Education (Secondary), Meerut Region, Meerut for releasing retiral dues of the petitioner. In case, the Management does not provide the required documents as sought by the Deputy Direction of Education (Secondary), Meerut Region, Meerut as well as District Inspector of Schools-II, Meerut within two weeks from the date of production of certified copy of this order, District Inspector of Schools-II, Meerut shall take necessary action against the Committee of Management,as per law. Once, the documents are forwarded to the Deputy Direction of Education (Secondary), Meerut Region, Meerut, he shall immediately proceed and take final decision in the matter in regard to the payment of retiral dues of the petitioner. He shall also pass necessary orders for the payment of interest @ 6% per annum for the delayed payment, and shall fix the responsibility upon the person because of whom the retiral dues could not be released in time. The interest shall be recovered from the person who has withheld the required documents. The entire exercise shall be completed by respondent no.2- Deputy Direction of Education (Secondary), Meerut Region, Meerut within a period of three 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 07.09.2024, 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 :- 11.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad