Dr. Nawal Singh Chandel v. Dr. Puneet Bharadwaj

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 959 of 2020 • Dr. Nawal Singh Chandel Son Of Shri F.M. Chandel Aged About 66 Years Resident Of Rajendra Nagar, Near Civil Line Police Station, Bilaspur, DistrictBilaspur (Chhattisgarh) ---- Petitioner

Versus

• Dr. Puneet Bharadwaj Posted As Joint Director And Superintendent, Chhattisgarh Institute Of Medical Sciences (CIMS), Bilaspur (Chhattisgarh) ---- Respondent For Petitioner :

Shri Goutam Khetrapal, Advocate For Respondent :

Shri Vikas Dubey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 16/08/20

1. Pursuant to the order passed by this Court on 20.07.2021 the affidavit has been filed by the contemnor Dr. Puneet Bhardwaj.

2. Para 10 & 11 of the affidavit are relevant, which are quoted hereinbelow:- "10. That it is most respectfully submitted that the answering respondent has already processed the all undisputed retiral dues of the petitioner in compliance of the order dated 4/9/2020 of this Hon'ble Court passed in WPS No. 3567/2020. The Following retiral benefits as Rs. 56,66,975/- (Fifty Six Lakh Sixty Six Thousand Nine Hundred and Seventy five only) have already been released to the petitioner:- (i)General Provident Fund (GPF) - Rs. 27,50,168/- (ii)Group Insurance Scheme (GIS) - Rs. 81,752/- (iii)Leave Encashment - Rs. 14,17,112/- (iv)Family Benefit Fund (FBF) - Rs. 43,405/- (v)Gratuity (Provisional) - Rs. 13,74,538/- Total paid amount till date - Rs. 56,66,975/-

It is respectfully submitted that all the amounts payable as retiral dues apart from Rs. 6,25,462/- have been disbursed to the petitioner and the order dated 4/9/2020 passed by this Hon'ble Court has been duly compliance.

11. That, in view of the above submission herein above it is submitted that all the undisputed amounts of the retiral dues of the petitioner have paid to the petitioner in compliance of the order passed by this Hon'ble Court however the delay occurred is not intentional even meanwhile due to spread of Covid 19 administrative works of the department also got affected for which the answering respondent submits an unconditional apology and requests for discharging the answering respondent from the present contempt proceedings. The answering respondent has not done any willful act or intentional disobedience of the order passed by Hon'ble Court."

3. The contemnor has filed some other documents wherein it has been stated that the proceedings with respect to the pension and gratuity of the petitioner the papers have already been forwarded to the Joint Director, Treasury on 06.03.2021 and it is also stated that simultaneously letter has been sent to the Director, Medical Education for approval of No Enquiry/ No Demand/ No Event Certificate from their end and the undisputed amount of gratuity has also been sanctioned on 26.07.2021.

4. In view of such submission supported by affidavit, the present contempt has been purged and the contempt petition stands disposed of. Therefore, the Rule is discharged.

5. If the petitioner still has any grievance left, the petitioner shall be at liberty to approach the respective forum or the Court, if so advised. SD/-Sd/- Goutam Bhaduri Judge Ashu