Daljit Singh v. Sarabjit Singh

COCP No. 1476 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 1476 of 2018 Date of decision : 10.05.2018 Daljit Singh ....Petitioner V/s Sarabjit Singh ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.K. Rattan, Advocate for the petitioner. RAJAN GUPTA J.

Notice of motion.

On the asking of court, Ms. Anu Chatrath, Addl. A.G. Punjab, who is present in court accepts notice.

Petitioner alleges violation of order dated 03.10.2017 passed by writ court, operative part thereof reads as under:- "6. As an upshot of the above said discussion, instant petition is disposed of with a direction to respondents to calculate and grant the interest @ 9% per annum on the delayed payment(s), after expiry of three months from the date of retirement till the actual payment(s) of the various dues, within a period of two months from the date of receipt of a certified copy of this order. Further, an amount of Rs. 6,31,474/- if already deducted, be refunded/released within a period of two months, failing which, petitioner shall be entitled to interest @ 9% per annum. In case of non compliance of order, petitioner shall be at liberty to approach this Court. "

Learned State counsel submits that in case no appeal has been filed against the order passed by writ court, it shall be ensured that same be Ajay Kumar 2018.05.11 15:27 I attest to the accuracy and authenticity of this document complied with at the earliest, in any case not later than three months.

COCP No. 1476 of 2018 In view of statement made by learned State counsel, no further direction is necessary. Disposed of. It is however, clarified that in the eventuality a fresh cause of action accrues to the petitioner to invoke the contempt jurisdiction of this court, apart from initiating proceedings under the Act, it shall also impose exemplary costs which shall be deducted from the salary of the official(s) responsible for delay/non-compliance. May 10, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2018.05.11 15:27 I attest to the accuracy and authenticity of this document