KRISHNA DEVI v. MUKESH KUMAR, DISTRICT FOOD AND SUPPLIES CONTROLLER, SIRSA AND OTHERS
COCP/1708/2025 · 2025-08-06
Vikram Aggarwal
Contempt Petitionbody2025
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[ 2025 DAILYLAW 42164 (PNJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 42164 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH (214)
COCP No. 1708 of 2025
Date of Decision: 06.08.2025 Krishna Devi
…Petitioner
Versus
Mukesh Kumar, District Food and Supplies Controller, Sirsa and others
…Respondents
CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Rakesh Nagpal, Advocate for the petitioner. Mr. Shashank Bhandari, Addl.AG., Haryana. **** VIKRAM AGGARWAL, J (ORAL)
The instant contempt petition, preferred under Section 12 of Contempt of Courts Act, 1971, alleges disobedience of order dated 03.11.2023 (Annexure P-1), passed by a Division Bench in LPA No. 1593 of 2023, titled as Krishna Devi Vs State of Haryana and others. 2. Vide order dated 03.11.2023, the LPA was admitted and recovery was stayed. 3. It is the case of the petitioner that despite recovery having been stayed, a sum of Rs.471438/- was deducted from the account of the petitioner. 4. In the compliance report submitted by way of affidavit of Sh. Mukesh Kumar, District Food and Supplies Controller, Sirsa, it has been stated in paragraph 3(xiii) as under:-
“That the details of excess payment received the petitioner is as below (representative rough calculation sheet:-
REKHA SHARMA 2025.08.12 04:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
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Total payment received by the petitioner in terms of Finance Assistance for the period 24.08.2021 to 30.06.2023 (equivalent to full pay salary (fig in Rs.) Petitioner entitled for Family Pension for the period (24.08.2021 to 30.06.2023) Rs. Excess Payment received by the petitioner for the period 24.08.2021 to 30.06.2023 (Rs.) Family pension arrears for the period 24.08.2021, 30.10.2023, (3,81,933 for period 24.08.2021 to 30.06.2023 and Rs. 59670 for period 01.07.2023 to 30.10.2023 Balance amount (to be recovered) from the petitioner in lieu of excess payment (Rs.) after adjustment of Rs.4,41,603/- 8,59,700 381933 8,59,700- 3,81,933= 4,77,767 3,81,933+59,670 =4,41,603 8,59,700- 4,41,603=4,18,097 (recovery is pending due to stay of the Hon’ble Division Bench). In view of the table above Rs.4,18,097/- is still to be recovered from the petitioner. It is also clarified here that amount of Rs.4,41,603/- is an adjustment by transfer of amount from one Head of Haryana Government by the Accountant General Haryana to another Head of Haryana Government.
(As even more t han this amount i.e., 8,59,700/- has already been paid to the petitioner and Rs.4,41,603/- not been recovered from the petitioner’s bank account either by cheque/DD/any other way).”
5. It has, therefore, clearly been stated on affidavit that no amount has been deducted after the passing of the stay order and that Rs.4,18,097/- is still to be recovered from the petitioner which is not being recovered on account of the stay order passed by the Division Bench. It has also been stated that the amount of Rs.4,41,603/- is an adjustment by transfer of amount from one Head of Haryana Government by the Accountant General Haryana to another Head. 6. Learned State counsel, on instructions and in terms of the affidavit filed maintains that no amount has been recovered from the account of the petitioner. REKHA SHARMA 2025.08.12 04:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
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7. That being so, no further directions are required to be passed by this Court. The contempt petition is accordingly disposed of in terms of the statement given by learned State counsel. Rule stands discharged. (VIKRAM AGGARWAL)
JUDGE August 06, 2025
Rekha
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No REKHA SHARMA 2025.08.12 04:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh