CIVIL) No. 588 of 2026 · Allahabad High Court
Case at a glance
Provisions considered
Key paragraphs
- Para 77. It is made clear that while carrying out the departmental inquiry and disciplinary proceedings the procedure adopted shall be in accordance with rules laid down for such purposes and in full compliance of principles of natural justice. " Learned counsel for the applicant submits…
Judgment
Heard Mr. R.K. Ojha, learned Senior Counsel assisted by Mr. Gaurang Dwivedi, learned counsel for the applicant. Vide order dated 27.8.2025 passed in Writ A no. 12592 of 2025 filed by the applicant, the writ Court directed as under: "6. Having heard learned counsel for respective parties and having perused the records and considering the special facts and circumstances of the case, where the petitioner retired on 31.10.2024 and for a pretty long time about 10 to 11 months the inquiry officer could not be appointed by the disciplinary authority, I consider it appropriate for the disciplinary authority to conclude the disciplinary proceedings within a maximum period of three months of production of certified copy of this order more especially now when the petitioner has already submitted reply to the charge sheet.
It is made clear that while carrying out the departmental inquiry and disciplinary proceedings the procedure adopted shall be in accordance with rules laid down for such purposes and in full compliance of principles of natural justice. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party , but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. From a perusal of the records of the case, a prima facie case for contempt is 2 CAPL No. 588 of 2026 made out against the opposite party for willful disobedience of the writ Court order. Issue notice to the opposite party returnable at an early date. Necessary steps shall be taken within a week. However, in the interest of justice, one more opportunity is granted to the opposite party to comply with the writ Court's order within a period of one month and file an affidavit to the same effect. In case by the next date fixed, the directions of the writ Court are not complied with in its letter and spirit and an affidavit to that effect is not filed, the opposite party shall remain present before this Court on the date fixed to show cause as to why contempt proceedings may not be initiated for willful disobedience of the writ Court's order. The Office shall send a copy of this order along with the notice. List on the date fixed in the notice. January 30, 2026 Rahul Dwivedi/- (Piyush Agrawal,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.