- (1.) By the following order dated 8.10.2009, the charges were framed against both the opposite parties: Heard learned Counsel for the parties. The applicant was working as a Boring Technician in Minor Irrigation Department since 1974 and after completing continuous satisfactory services he was given the first and then the second promotional pay scale after completing the requisite period of service in pursuance of various Government orders. However, vide order dated 3.1.2006 passed by the opposite party No. 1 his salary was reduced and a direction was issued for recovery of alleged excess payment. This was subjected to challenge in Writ Petition No. 2818 of 2007 where an interim order was passed on 17.1.2007. In the meanwhile the applicant retired on 31.12.2006. The writ petition was finally allowed after exchange of pleadings on 9.1.2009 quashing the aforesaid order dated 3.1.2006. Copy of the judgment was served on the opposite parties but yet no action was taken but deduction from his salary had already been made and thereafter even the provisional pension which was being paid to him was stopped and no other retiral benefits including G.P.F., gratuity, leave encashment etc. were paid forcing him to file the present contempt petition. Upon issuance of notice, both the opposite parties have filed their respective affidavit of compliance along with an application stating that a consequential order dated 5.5.2009 has been passed by which the order dated 3.1.2006 has been cancelled. However, there is absolutely no denial of deduction from his salary, pension and non payment of other dues. This prima facie amounts to contempt of the judgment of this Court and as such a case for trial is made out against both the opposite parties and the following charge is framed. You Shri Javed Fasih, Executive Engineer Minor Irrigation Sub-Division, Deoria District, Deoria show cause why he should not be tried and punished for wilful and deliberate violation of the letter and spirit of the judgment dated 9.1.2009 passed in Writ Petition No. 2818 of 2007 under Section 12 of the Contempt of Courts Act and other allied powers. You Shri Ramdhani Yadav, Assistant Engineer Minor Irrigation Sub-Division, Deoria District, Deoria show cause why he should not be tried and punished for wilful and deliberate violation of the letter and spirit of the judgment dated 9.1.2009 passed in Writ Petition No. 2818 of 2007 under Section 12 of the Contempt of Courts Act and other allied powers. Your reply should be filed on or before 28.10.2009 after serving a copy on the counsel for the applicant who may file his reply on or before the next date fixed. The opposite parties shall also disclose in their reply the number of contempt petitions which have been filed against them for violation of the orders of this Court and their present status. Let a copy of this order be given to Shri K.R. Singh, learned Standing counsel within 48 hours to ensure compliance. List on 30.10.2009.
(2.) In pursuance thereof, both the opposite parties have filed their respective replies to the show cause. The opposite party No. 1 in his reply has said that a sum of Rs. 2120/- per month was recovered from the salary of the applicant on account of excess payment from November 2005 to December 2006 amounting to Rs. 29,680/- and after framing of charges, the same was paid to the applicant through treasury cheque dated 23.10.2009. 90% of the G.P.F. for the period the applicant was working as a Class III employee amounting to Rs. 45,261/- was paid through the treasury cheque dated 26.10.2009 and the leave encashment of Rs. 1,68,400/- has also been be paid vide treasury cheque dated 21.10.2009. It is also averred that provisional pension was being paid and vide order dated 15.10.2009 all the required papers alongwith the recommendation for payment of regular pension and gratuity had already been referred to Joint Director/Addl. Director, Treasuries and Pension, Regional Office, Gorakhpur, who will take further action in respect to regular pension and gratuity. He has further stated that the delay in making actual payments after passing of the order dated 5th May 2009 is on account of doing procedural formalities and he has submitted an apology.
(3.) There is no denial of the pleadings of the petition that copy of the writ judgment was served on the opposite party through speed post through covering letter dated 22.1.2009 sent on the same date, while a copy in person was also served on 16.1.2009. There is no explanation with regard to refund of the excess amount deducted from the salary of the applicant for the period between February 2009 till the filing of the contempt petition. Even after receipt of the notice of contempt on 25.6.2009, no action was taken and only after the charges were framed on 8.10.2009 that the payments have been made.;