Narender Agarwal v. Dr K Anand Kumar,

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI CONTEMPT CASE No.556 OF 2018 O R D E R :

This Contempt Case is filed for non-compliance of the order dated 06.10.2017 in CC.No.1168 of 2017.

Petitioner has filed the above said C.C. alleging non-compliance of the order dated 24.11.2016 in W.P.No.4159 of 2015 and alleging noncompliance of the order dt.16.10.2017 in the above said Contempt Case No.1168 of 2017, the present Contempt Case is filed. The order in CC.No.1168 of 2017 reads as under: "In view of the protection of pay given to the petitioner, as aforesaid, the contempt case cannot be continued and is accordingly closed. However, it is open to the petitioner to take appropriate proceedings in accordance with law if any grievance still subsists with regard to pay and allowances received by him."

Mere observation in the aforesaid Contempt Case giving liberty to take appropriate proceedings in accordance with law would not mean to file the present Contempt Case.

When C.C.No.1168 of 2017 is closed vide order dated 06.10.2017, the petitioner cannot file the present Contempt Case seeking implementation of the order passed in the said Contempt Case. Therefore, this Court is not inclined to entertain the present Contempt Case and the same is accordingly closed. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

_________________________________ ABHINAND KUMAR SHAVILI,J Date: 24.07.2019 dv