Tirath Singh vs Shri Jagdish Singh and Others

Surya Kant, J.—Aggrieved at some order of recovery passed against him, the petitioner filed CWP No.4957 of 2003 in which vide order dated April 1, 2003, this Court stayed operation of the said recovery order. It may be mentioned here that the petitioner had already retired from service when the said recovery order was passed.

Alleging that by not releasing the retiral benefits, the interim order dated April 1, 2003 passed by this Court is being violated, the petitioner has filed this contempt petition.

In response to the show cause, affidavit 31.7.2006 has been filed by Jagdish Singh, Chief Engineer, RSD-Shahpurkandi, Tehsil Pathankot, District Gurdaspur, which is taken on record. It is stated that the respondents did not intend to violate the orders of this Court and undertake to comply with the same except that the petitioner may furnish an indemnity bond to the effect that in the event of dismissal of the writ petition, the principal amount sought to be recovered, shall be refunded to the State Government.

Learned Counsel for the petitioner has agreed that an indemnity bond to this effect shall be furnished by him within one week. In this view of the matter, this petition is disposed of with a direction to the respondents that once the petitioner furnishes the indemnity bond, all the retiral benefits shall be released forthwith but not later than one month of furnishing such an indemnity bond by him, failing which the petitioner shall be entitled to claim interest @ 7% per annum on the delayed payment.

Rule discharged.