The Allahabad High Court issued Not available on bail against the Navneet Singh Chahal, Mathura District Judge In a case of contempt for failure to comply with a court order.
The court ordered the police to appear in court on May 12 on charges of “disrespecting” a court order issued in September 2021.
Immediate contempt appeal background
Essentially, in September of last year, the court overturned a 2016 UP government order refusing to pay a pension to applicants. [Braj Mohan Sharma and 3 Others] On the basis that the services they provided before the settlement date can not be To be counted as a qualified service so that they are entitled to benefit from the old pension system.
In its September 2021 order, the court noted that services rendered for too long cannot be ignored while calculating eligible services.
Further, the Court has directed the Commissioner and Secretary, Board of Revenue, UP, Lucknow to calculate and pay an annuity to applicants, having regard to services rendered by them as of 1996 for purposes of eligible service.
Now, when this court order was not complied with, the plaintiffs moved to court by filing a contempt of court action. hAfter obtaining a contempt petition in February 2022, the court sought the response of DM, Mathura, and ordered that To comply with a warrant court order.
As per the court order, Mathura filed an affidavit before the court attached to an order issued by him on 18.04. .
Remarkably, Mathura asked the DM, he mentioned it As the request for review has been submitted by the state government for court review in September 2021 and until adjudication of the review request, Mathura, DM added, no benefit can be extended as directed by this court to applicants.
See the court orderBench Judge Saral Srivastavain stern order, is noted as follows:
“The order dated 04.18.2022 by the county judge of the other party, Mathura is nothing but an act of gross contempt by the county judge because it is unbelievable that such an officer could not understand the intent and the simple language in which the order of this court was passed. It is very surprising that, despite the clear mandate of this court, the local magistrate, Mathura sat on an appeal against the order of this court.“
The court added that the justice of the peace is expected to know the basic principle of the law that until the order is not discontinued, the order remains in force, and the authority is obligated to comply with the order.
The court described the DM’s order as nothing but an abuse of power on the part of the district judge which amounted to a gross disrespect for this court’s order, the court further noted:
“Although this court would ordinarily have made an injunction unavailable, but in such glaring facts that the order of this court has been violated with impunity, this court cannot close its eyes, uphold the greatness and dignity of the court so that the confidence of the public may not be eroded In the judicial system, and this court considers it a proper and appropriate case in which a non-bail order is issued against District Judge, Mathura which is to be served in police custody on the next appointed date. “
case title – Braj Mohan Sharma and 3 others vs. Mr. Navneet Chahal DM Matura [CONTEMPT APPLICATION (CIVIL) No. – 322 of 2022]