Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2008 of 2010 Petitioner :- Smt. Madhu Devi Respondent :- Shamim Ahmad Siddiqui Petitioner Counsel :- Sanjeev Kmar Pandey Hon'ble Vikram Nath,J.
Sri K.R. Singh, learned Standing Counsel has filed an affidavit (wrongly
worded as compliance affidavit) on behalf of the opposite party. The defense
taken is that the department has preferred an intra court appeal beyond the
prescribed limitation against the judgment of the learned Single Judge. It is
admitted that no order has been passed in the appeal and it has only been filed
in the Registry.
In the opinion of Court, the defense taken is actually no defense in the eye of
law. As long as the direction stands the opposite party is bound to pass
appropriate orders in compliance thereof. Further along with the affidavit filed
with the contempt application, a letter dated 3.2.2009, issued by the opposite
party is annexed as Annexure-6, which also takes the same stand that as the
department has received sanction from the Additional Law Secretary to file an
intra court appeal, no decision can be taken in the matter of the applicant till
the decision in the appeal. The order so passed is also not sustainable in law.
As already observed, the opposite party is bound to take a decision pursuant
to the directions of the Writ Court.
List this case on 3.8.2010. By the said date the directions of the Writ Court be
complied with and an affidavit to that effect be filed, failing with the opposite
party shall remain present before this Court.
Order Date :- 12.7.2010
pk