Smt. Dileshwari Yadav v. Sunil Kumar Lala

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 824 of 2019

1. Smt. Dileshwari Yadav, W/o Late Shri Anjor Singh Yadav, Aged About 44 Years, R/o Quarter No. 11/24, Officer Colony, S.F. Line Bhilai, District: Durg, Chhattisgarh.

---- Applicant

Versus

1. Sunil Kumar Lala, Assistant General Manager, State Bank Of India, Centralized Pension Processing Cell Behind Working Women Hostel, Govindpura, Bhopal (M.P.) Pin-462023 ---Respondent For Applicant :

Mr. Ajay Shrivastava, Advocate For Respondent :

Mr. P.R. Patankar, Advocate with Mr. V.R. Tiwari, Add. Adv. General Hon'ble Shri Justice P. Sam Koshy Order on Board 26.11.2019 1.

The present Contempt Petition has been filed alleging noncompliance of the Order dated 22.10.2018 passed in WPS No. 6883 of 2018 by this Hon'ble Court.

2.

The direction given by this Hon'ble Court on 22.10.2018 was to stay the effect and operation of the recovery order issued by the respondents. The recovery was to be made from the pension payable to the petitioner/applicant. The respondent has now entered appearance and has filed his reply, in the reply he has said that he had stayed the effect and operation of the order and no recovery is being made from the pension.

3.

This fact is not disputed by the counsel for the applicant.

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However, the counsel for the applicant submits that the respondent on one hand has not made any recovery from the pension but at the same time has put to hold the disbursement of the Fixed Deposit of the petitioner/applicant lying with the bank. The said grievance of the petitioner/applicant is not one which could be entertained under the contempt jurisdiction. If at all, if the petitioner/applicant is aggrieved of by the said action, the same would have to be raised by way of an application in the pending writ petition or by availing any other remedy open for the petitioner/applicant. 5.

Accordingly, the present Contempt Petition stands disposed-off. Sd/- (P. Sam Koshy) Judge Rahul