RAM KRIPAL TRIPATHI Vs. JAVED FASIH AND ANR

JUDGEMENT

(1.) By the following order dated 8.10.2009, the charges were framed against both the opposite parties:

(2.) In pursuance thereof, both the opposite parties have filed their respective replies to the show cause. The opposite party No. 1 in his reply has said that a sum of Rs. 2120/- per month was recovered from the salary of the applicant on account of excess payment from November 2005 to December 2006 amounting to Rs. 29,680/- and after framing of charges, the same was paid to the applicant through treasury cheque dated 23.10.2009. 90% of the G.P.F. for the period the applicant was working as a Class III employee amounting to Rs. 45,261/- was paid through the treasury cheque dated 26.10.2009 and the leave encashment of Rs. 1,68,400/- has also been be paid vide treasury cheque dated 21.10.2009. It is also averred that provisional pension was being paid and vide order dated 15.10.2009 all the required papers alongwith the recommendation for payment of regular pension and gratuity had already been referred to Joint Director/Addl. Director, Treasuries and Pension, Regional Office, Gorakhpur, who will take further action in respect to regular pension and gratuity. He has further stated that the delay in making actual payments after passing of the order dated 5th May 2009 is on account of doing procedural formalities and he has submitted an apology.

(3.) There is no denial of the pleadings of the petition that copy of the writ judgment was served on the opposite party through speed post through covering letter dated 22.1.2009 sent on the same date, while a copy in person was also served on 16.1.2009. There is no explanation with regard to refund of the excess amount deducted from the salary of the applicant for the period between February 2009 till the filing of the contempt petition. Even after receipt of the notice of contempt on 25.6.2009, no action was taken and only after the charges were framed on 8.10.2009 that the payments have been made.