Qadeer Ahmad v. Anil Kumar, Engineer-In-Chief, U.P. Irrigation Deptt. Govt. of U.P. Civil Secrtt., Lko

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1934 of 2023 Applicant :- Qadeer Ahmad Opposite Party :- Anil Kumar, Engineer-In-Chief, U.P. Irrigation Deptt. Govt. Of U.P. Civil Secrtt., Lko. Counsel for Applicant :- Shikhar Chaube Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner and Sri Sunil Bajpai, learned Addl. C.S.C. for the State.

¶2Sri Bajpai has filed affidavit of compliance, same is taken on record.

¶3Sri Bajpai has stated that in compliance of the order of the writ court the representation of the petitioner has been decided vide office memo dated 8.11.2023 passed by the Engineer-in-Chief, Irrigation Department, U.P. Sri Bajpai has further submitted that while deciding the aforesaid representation the authority concerned has forwarded the case of the petitioner before the Government for issuing appropriate orders for the reason that the appointing authority of the petitioner is the Government.

¶4Having heard learned counsel for the parties and having regard the order of the writ court dated 17.1.2023 it is clear that the petitioner had made an innocuous prayer before the writ court to issue direction to Engineer-in-Chief to consider and decide the representation of the petitioner and that direction has been issued by the writ court without entering into the merits of the issue. Therefore, so far as the role of Engineer-in-Chief is concerned he has passed the appropriate order. If pursuant to the aforesaid order the petitioner has not been paid his dues by the Government, he may take appropriate legal recourse strictly in accordance with law but nothing remains to be adjudicated in the present contempt petition so far as the order of the writ court in the present case is concerned.

¶5Accordingly, the contempt petition is dismissed.

¶6Notices discharged. . [Rajesh Singh Chauhan, J.] Order Date :- 16.11.2023/Om High Court of Judicature at Allahabad, Lucknow Bench