Court No. - 3 Case :- CONTEMPT No. - 680 of 2009 Petitioner :- Qazi Jamil Ahmad Respondent :- Shri M.B.S.Rani Reddy,Managing Director,U.P.S.R.T.C., Petitioner Counsel :- Mohd.Ali Respondent Counsel :- Jyotinjay Verma Hon'ble Shri Narayan Shukla,J.
Heard Mr. Mohd. Ali, learned counsel for the petitioner and Mr.
Rajiv Ratan Chaudhary, learned counsel for the opposite parties.
The petitioner claims disobedience of the order dated 28.3.2008
passed by this Court in writ petition no. 356 (S/B) of 1996. the
operative part of the said order is reproduced herein under:-
“In the result the writ petition succeeds and is hereby allowed.
The impugned judgment and order dated 22.9.1995, passed by
the State Public Services Tribunal, Lucknow is hereby set aside
and the impugned removal order dated 3.11.1989 and the order
passed by the appellate authority dated 15.10.1990 are hereby
quashed with all consequential benefits. A liberty is granted to
the opposite parties to hold a fresh enquiry in accordance with
law from the stage the reply was submitted by the petitioner to
the charge-sheet. The consequential benefits will be subject to
the outcome of fresh enquiry. Since the petitioner has already
attained the age superannuation, the opposite parties shall
conclude the disciplinary proceedings expeditiously.”
Now on the result of inquiry the petitioner has been punished by
withholding the consequential benefits. Though the petitioner was
reinstated in service with all consequential benefits, but the same
was kept under subject of fresh inquiry, therefore, on the result of
the inquiry, at this stage the petitioner cannot claim the
consequential benefits. Accordingly, I do not find disobedience of
the order passed in the aforesaid writ court on the part of the
opposite parties. However, since the petitioner disputes the order
passed by the authority concerned, I hereby give liberty to the
petitioner to challenge the same before the writ court.
The contempt petition is dismissed. Notices issued to the
opposite parties are hereby discharged.
Order Date :- 6.7.2010
GSY