USHA AWASTHI Vs. SHAKUNTALA

JUDGEMENT

(1.) We have heard both sides.

(2.) By the impugned order dt. 29.9.2010, the learned single Judge of this court imposed Rs. 5000/- as costs and interest on the respondent no. 3 of the writ petition, who is the appellant before us. This cost was imposed because of the delay in finalization of the pension of the writ petitioner who is respondent no. 1 in this appeal. The appellant has come up in this appeal against the costs and interest imposed. Annexure A-7 of this appeal is a letter dated 6.5.09 sent by the appellant to the Commissioner Higher Education in which it was stated that papers regarding payment of full pension to the said respondent no. 1 Smt. Sakuntala , who retired in January 2009, have been forwarded by the letter No. 89 dated 14.4.09 of the appellant's office. Annexure A/6 is the copy of the said letter dated 17.4.09. Thus it would appear that the papers were forwarded by the appellant within 3 months of the retirement.

(3.) The respondent no. 1 has not filed any counter affidavit denying that the said letters as incorrect or forged for the purpose of this appeal. Under these circumstances we do not think that the appellant is guilty of any such undue delay which would justify the costs and interest imposed by the learned single Judge against the present appellant.