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Contempt Appeal Civil
Con.A. (C) No. 9 of 2011 - D.K. Goel Vs. Anandavally, (2011) 229 KLR 367
posted Feb 11, 2012, 9:28 PM by Kesav Das
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Con.APP(C).No. 9 of 2011(S) --------------------------- AGAINST THE ORDER IN COC.650/2011 Dated 18/07/2011 .................... APPELLANT/RESPONDENT ------------------------------ D.K. GOEL, AGED 55 YEARS, S/O.M.L. GOEL, DEPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, F.F DIVISION, NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 110 003. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT/ PETITIONER ------------------------- ANANDAVALLY, W/O.P.K. KARUNAKARAN, AGED 78 YEARS, POOMKAVELIYIL, THURAVOOR.P.O, CHERTHALA, ALAPPUZHA DISTRICT-688 532. BY ADV. SRI. K.K. SATHEESH. THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011 THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: . APPENDIX ANNEXURES: ANNEXURE A1 COPY OF THE LETTER SANCTIONING RESTORATION OF PENSION DATED 29.6.2011. ANNEXURE A2 TRUE COPY OF THE GUIDELINES FOR THE BANK AND CIVIL PENSIONERS (RELEVANT PAGE) ANNEXURE A3 TRUE COPY OF THE ORDER DATYED 27.7.2011 ISSUED BY THE APPELLANT. // TRUE COPY // P.S. TO JUDGE. KNC/- . C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = CONT. APPEAL (C) 9 OF 2011 = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF AUGUST, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This Contempt Appeal is filed against the order dated 18.7.2011 of the learned Single Judge in the Contempt application directing appearance of the appellant to frame charges against him. Since the appellant agreed to comply with the judgment, the Division Bench on 22.7.2011, stayed the proceedings before the learned Single Judge in Contempt Case (C) No. 650 of 2011. Now the matter is brought up before us for extension of stay of the proceedings before the learned Single Judge. We do not find any justification for the appellant to delay implementation of the judgment. Appellant's counsel submitted that orders are passed on 27.7.2011 through Annexure A3 granting pension to the respondent. However, according to the appellant, the identity is not proved through Collector's certificate and at the maximum, it will take three weeks from now and on receipt of the same, arrears will be released forthwith. CAC 9/2011 2 2. In view of this submission of the counsel, we feel that there is no justification for summoning the appellant for framing charges. We feel, on respondent's co-operation, she will get the arrears atleast within a month. We accordingly, allow the Contempt Appeal by modifying the order issued by the learned Single Judge on 18.7.2011 by extending the date for appearance from 25.7.2011 to 19.9.2011. If arrears are not paid and compliance reported by then, the appellant will appear before the learned Single Judge in terms of the order as modified by us on 19.9.2011. C.N. RAMACHANDRAN NAIR, (JUDGE). P.S. GOPINATHAN, (JUDGE) knc/- . |
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