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Judgment
Arindam Sinha, J
I.A. no.69 of 2023
Mr. Mishra, learned advocate appears on behalf of alleged contemner and submits, his client has made application for extension of time to comply with direction for payment in order dated 19th July, 2022. He submits, the writ appeal was disposed of by order dated 30th January, 2023, paragraph-4 in which there was an observation made, reproduced below.
“4. In view of the above, the present Writ Appeal stands dismissed. However, the competent Authority is free to proceed in accordance with law to revise the pension and proceed to effect the recoveries as permitted by law.”
The observation entitled his client to proceed in accordance with law to revise the pension and effect recoveries as permitted by law. Hence, action is to be taken pursuant to said observation. This has caused impediment in compliance with direction in said order dated 19th July, 2022.
Mr. Mohanty, learned advocate appears on behalf of applicant (writ petition). He submits, his client is struggling for life and dilatory tactics have been adopted by alleged contemner. On query from Court Mr. Mishra submits, Mr. Mohanty though was there at the time of disposal of the writ appeal, was not heard because the appeal Court had not directed issuance of notice of appeal.
Perused observation made in the writ appeal order dated 30th January, 2023. By the observation, office of alleged contemner was left free to proceed in accordance with law, to revise the pension and proceed to effect the recoveries as permitted by law. As such, the office may initiate some proceeding and if, in accordance with law, there is found to be a demand, it can thereafter also proceed to recover it. However, recovery does not mean adjustment. There must be immediate compliance of directions made in order dated 19th July, 2022. Adjournment granted is peremptory for filing compliance affidavit.
The I.A. is disposed of.
List on 15th March, 2023 for reporting compliance.
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