AKHTAR HUSSAIN Vs. A K VASHISHTHA

JUDGEMENT

(1.) HEARD Sri Sharad Kumar Srivastava, the learned counsel for the applicant and Sri Vijay dixit, the learned counsel holding brief of Sri sandeep Dixit, the learned counsel for the opposite parties.

(2.) THE claim application of the applicant was allowed by the Public Service Tribunal by an order dated March 24, 1994, by which the tribunal held that the applicant was entitled for appointment on the post of Junior Telephone tester and that the department was liable to pay salary to him w. e. f. April 25, 1989 along with interest @ 12% per annum. The Tribunal also imposed a cost of Rs. 200/ -. It transpires that the department filed a writ petition before the Court which was dismissed by a judgment dated october 19, 1994. The Court while affirming the order of the learned Tribunal also imposed a sum of Rs. 5000/- as cost upon the department and further directed the opposite party to pay interest @ 18% per annum instead of @ 12% per annum as imposed by the Tribunal, in the event the amount was not paid within two months from the date of the order. It further transpires that the respondents paid a sum of Rs. 1,51,028. 59 by cheque on December 6, 1994 which was accepted by the applicant under protest. By another cheque dated February 6, 1995 a sum of Rs. 40,317. 52 was also paid to the applicant towards the alleged interest for the period April 24, 1989 to September 8, 1994 which is also alleged to have been accepted by the applicant under protest. Since the applicant contended that the entire amount was not paid, he represented the authorities to release the remaining amount as per the direction of the tribunal. Since the amount was not paid in full as per the contention of the applicant, the applicant invoked the contempt jurisdiction of the High Court under Section 12 of the contempt of Courts Act.

(3.) A short counter affidavit by the then executive engineer, Subhash Chandra, was filed disclosing that a sum of Rs. 1,51,028. 59 was paid to the applicant by a cheque on december 6, 1994 and Another cheque of Rs. 5000/- towards cost was also paid on December 6, 1994 and further on February 3, 1995 two cheques towards interest for Rs. 40,317. 52 and another for Rs. 200/- towards cost was paid. The said affidavit also disclosed that the applicant had concealed material facts and that he had filed a contempt application under Section 5-A of the U. P. Public Services (Tribunal) Act, 1976 before the U. P. State Public Service Tribunal for contempt of the order of the Tribunal against the opposite parties, in which proceedings were initiated and by an order dated May 6, 1996, the tribunal found that the order of the Tribunal had been complied with in toto, and therefore, discharged the opposite parties from the contempt proceedings. The opposite parties consequently contended that the present contempt proceedings initiated under Section 12 of the Contempt of Courts Act was an abuse of the process of Court and should be dismissed with cost.