LAWS(ALL)-1982-9-6

JAWAHAR LAL Vs. KRISHNA GOPAL GOEL

Decided On September 17, 1982
JAWAHAR LAL Appellant
V/S
KRISHNA GOPAL GOEL Respondents

JUDGEMENT

(1.) THE petitioner had filed a writ petition No. 2970 of 1981 challenging the validity of the order of his retirement dated 10-7-1980. An interim order was also passed in that writ petition on 29-6-1981 staying the operation of the retirement order dated 10-7-80. THE applicant alleges that he could not get the certified copy of the said order because it might have been signed by the Hon'ble Judge after 4 p. m., hence certified copy of the same was delivered to him on 1-7-81 and he served the same on the opposite-party on 1-7-81. Further he says in para 5 of the petition that as the certified copy of the order could not be obtained on 30-6-1981 his counsel Sri Raj Kumar, Advocate, informed him through a letter about the stay of the impugned order and his inability to obtain the certified copy of the stay order on 29-6-1981. Me goes on to say in paragraph 6 of his application that he filed an application before the opposite-party along with the letter of Sri Raj Kumar Advocate intimating that the impugned retirement order has been stayed by this Hon'ble: Court and the certified copy of the 6ame shall be submitted when it is obtained. He says that this application was received by the opposite-party on 30-6-1981. THEreafter he also filed a certified copy of the order on 1-7-81. According to the applicant the opposite party though had knowledge of the stay order dated 29-6-81 deliberately disregarded the same. He says that the counsel for the State Government was present in the court when the stay order was being dictated and, therefore, the opposite-party has committed contempt of court. THE application has been opposed and a counter affidavit has been filed.

(2.) IT has been said in the counter-affidavit that the letter of the applicant was received in the office on 30-6-1981 at 3.30 p. m., and along with that letter a letter purporting to be from one Sri Raj Kumar Advocate was also received. Further it is stated that the applicant had not submitted any affidavit to the effect that he had been granted the stay order on 29-6-1981. Moreover, the said letter also did not reproduce t:he exact order passed by the Hon'ble Court. The retirement of the applicant from service came into effect after 12 noon on 30-6-1981. The applicant's letter was received by the diarist Sri Ahibaran Lal of the office of the opposite party at 3.30 p. m, on 30-6-1981. By that time the applicant had already retired from service. In paragraph 10 of the counter-affidavit it has been averred that before the stay order dated 29-6-1981 was served on the opposite party or was brought to his notice the applicant had retired from service on 30-6-198! in the afternoon and had ceased to perform his duties. IT is also pointed out in paragraph 11 of the counter affidavit that the writ petition in which the said interim order was passed has already been dismissed on 14-5-1982.

(3.) THE application is accordingly rejected and the notice issued to the opposite party Sri Krishna Gopal Goel is discharged. Application rejected.