Vijay Narayan Tiwari vs D.P. Shahi, Director Of Education ...

Heard learned counsel for the applicant.

By order dated 3.4.2019 passed in Writ A No.51847 of 2017 filed by the applicant, the Court directed as under:

"Having examined materials brought on record this Court finds that no proceedings known to law were ever initiated against the petitioner while he remained in employment regarding embezzlement of funds. No proceedings even after his retirement were initiated by invoking provisions contained under Article 351-A of CCS Regulations. After 10 years of petitioner's retirement the authorities would not be justified in passing order for recovery of amount of Rs.7,78,084.93 in such circumstances. Petitioner being a Head Clerk was otherwise not expected to have custody of finance of the department concerned and all expenses etc. must have been incurred by the drawing and disbursing authority in the institution concerned which would be an authority much above the Head Clerk. Viewed from all these aspects this Court finds that the order impugned cannot be sustained.

Writ petition consequently succeeds and is allowed. Order dated 30.1.2017 stands quashed. A mandamus is issued to the respondent to release withheld amount of retiral benefits to the petitioner within a period of three months from the date of presentation of certified copy of this order. Petitioner shall also be entitled to interest @ 6% per annum."

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties 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 parties within one week thereafter and keep a recorded thereof.

The opposite parties 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 parties within the stipulated time as aforementioned.

Order Date :- 13.8.2019 RKP