Uttarakhand High Court
CLCON/167/2007 of C.S. KALRA Vs B.M. VERMA on 30 December 2008
Hon’ble B.C. Kandpal, J. Sri Subhash Upadhyaya, learned counsel for the petitioner. Sri B.D. Upadhyaya, learned counsel for the respondents. This Contempt Petition under Section 12 of the Contempt of Court Act, has been filed by the petitioner for summoning the respondents for their
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CLCON 167/2007
Hon’ble B.C. Kandpal, J.
Sri Subhash Upadhyaya, learned counsel for the petitioner.
Sri B.D. Upadhyaya, learned counsel for the respondents.
This Contempt Petition under Section 12 of the Contempt of Court Act, has been filed by the petitioner for summoning the respondents for their willful and deliberate disobedience of the order dated 10-10-2006 passed by this Court in W.P. No. 446 (M/B) of 2004, C.S. Kalra Vs. Managing Director and others.
The respondents have filed the counter affidavit. Paragraph 5 and 6 of the counter affidavit read as follows:- “5. That it is relevant to state here that vide G.O. dated 21-10-2003 the payment of gratuity and pension to be retired employees was to be made through the treasury, as such, the Deputy General Manager (Finance) on 31.7.2008 sent a letter to the Director (Lekha Avam Hakdari), Govt. of Uttarakhand to release a sum of Rs. 3,50,000/- in favour of the petitioner after deducting a sum of rs. 4354/- and the same may be referred to the concerned treasury. The true copies of the G.O. dated 21.10.2003 and letter dated 31.7.2008 is being filed herewith and marked as Annexure 2 and 3 respectively to this affidavit.
6. That the Joint Director, (Lekha Avam Hakdari), Govt. of Uttarakhand has passed an order dated 5-8-2008 to pay a sum of Rs. 3,45,654/- to the petitioner and a copy of the same has also been sent to the petitioner. The true copy of the order dated 5-8-2008 is being filed herewith and marked as Annexure-4 to this affidavit.”
In view of above averments made in the counter affidavit this contempt petition has now rendered infructuous.
Accordingly, the contempt petition is dismissed. The notices issued against the respondents are hereby discharged.
Dated: 30-12-2008(B.C. Kandpal, J.) ISB