UNION OF INDIA Vs. MADHU SUDAN SARKAR

JUDGEMENT

(1.) This Misc. Application has been filed by the respondents for modification of the orders dated 25.02.2019 and 02.04.2019 passed by this Court in the connected petition whereby directions have been issued for drawal of contempt proceedings if the salary of the writ petitioner was not released.

(2.) The applicant/respondent in the application have averred that as per the order of interim stay order dated 22.11.2018, they have complied with the same and retirement of the petitioner has been kept in abeyance by the respondents.

(3.) It is further stated in the said application that nonpayment of salary after the date of retirement will not amount to contempt of order of the Court, for the reasons that the salary of the employees of the Assam Rifles are generated by computerized systems, and unless order for payment pension is not removed from the system by an order of the appropriate authority i.e. the discharge order passed by the authority is set aside by this Court, it would amount to withdrawal of the said discharge order by the authority itself who has passed the said order and it would be against the norms of the statutory provisions govern for discharge of the incumbent under the provision of Rule 48 (1) (b) of the Central Civil Services (Pension) Rules, 1972. As such, for the reasons it is contended that salary cannot be released to the writ petitioner.