Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1806 of 2003 Petitioner :- Ram Krishna Respondent :- Sri Ashok Kumar Chaurasiya,B.S.A., Kaushambi Petitioner Counsel :- Ratnesh Khare Respondent Counsel :- S.C.,B.P. Singh Hon'ble Vikram Nath,J.
O.P. No.3, Raja Bhanu Pratap Singh, Basic Shiksha Adhikari,
Kaushambi and A.K. Singh, Finance and Accounts Officer,
Kaushambi are present. Both have filed seperate affidavits. The
affidavit of the Finance and Accounts Officer is a detailed
affidavit. According to the same he has already requested the
Senior Treasury Officer to release the amount of interest but the
Senior Treasury Officer, Kaushambi twice returned the bill
submitted by the Finance and Accounts Officer raising certain
objections. When a specific question was put to Sri B.P. Singh,
learned counsel appearing for the said officers, as to whether the
objection raised by the Senior Treasury Officer is valid or invalid,
upon instructions Sri B.P. Singh has stated that the stand taken by
the Finance and Accounts Officer claiming clearance of the bill
and the objection raised by the Senior Treasury Officer both can be
said to be valid in law. Further upon instructions it has been stated
by Sri B.P. Singh that in case the sanction is received from the
Director, Basic Education and the Secretary, Basic Education, the
objection raised by the Senior Treasury Officer would stand
automatically removed.
Earlier in the detailed orders passed by this Court on 9.3.2010,
12.5.2010 and thereafter, it was specifically directed that the
copies of the orders be sent to the Director as also the Secretary,
Basic Education for their information and further action at their
end in order to avoid any delay in the matter. Till date the
judgment of the Writ Court dated 16.11.1999 has not been fully
complied with. It has been stated by Sri B.P. Singh upon
instructions that the copies of the orders had been forwarded by the
Educational Authorities at the district level to the Director and the
Secretary, Basic Education.
This case has already been taken up on at least half a dozen
occasions just to ensure compliance of the judgment of the year
1999. The applicant, who was a Class IV employee, has been
harassed for such a long time and is yet to reap the benefits of the
judgment after eleven years.
Let this matter be listed on 16.8.2010. By the said date if the
remaining part of the directions of the Writ Court are not fully
complied with and an affidavit to that effect is not filed by any of
the Educational Authorities, whether arrayed as opposite party or
not, in addition to the O.P. No.3, the Finance and Accounts
Officer, Basic Education Officer, Kaushambi, the Director and the
Secretary, Basic Education shall also remain present before this
Court.
Sri B.P. Singh, learned counsel appearing for the O.P. No.3 shall
ensure that a copy of this order is sent to the Director and the
Secretary, Basic Education within three days. Let a copy of this
order be issued to the parties on payment of usual charges within
24 hours.
Order Date :- 26.7.2010
pk