PARSHOTTAMBHAI LALJIBHAI PARMAR Vs. RAJ KUMAR, IAS

JUDGEMENT

(1.) The present contempt proceeding is initiated for alleged willful disobedience of order dtd. 6/4/2022 passed by the learned Single Judge in Special Civil Application No. 2858 of 2020, where-under the authority has not undertaken any exercise inspite of the direction which has been issued. The said direction contained in paragraph 9 reads as under :-

(2.) Pursuant to the notice issued by the co-ordinate Bench of this Court on 3/2/2023, today, when the matter is taken up for hearing, learned Assistant Government Pleader has submitted an affidavit-in-reply which is affirmed on 12/4/2023 and thereby has submitted that there is a substantial compliance made by the respondent authority and after granting due opportunity to the applicant, a fresh order is passed as a part of compliance in the direction contained in order dtd. 6/4/2022 and as such, has requested that contempt proceedings may be dropped as there is no willful defiance.

(3.) At this stage, learned advocate Mr. Asthavadi, appearing for the applicant has submitted that though the order is passed on 14/12/2022, but actual compliance is not made and as such has moved a draft amendment pointing out that further order has been passed on 7/3/2023 confirming the order of 100% pension cut against the applicant and has further submitted that apart from that actual due benefits pursuant to even fresh order which has been passed is also not made.