JAIPUR BENCH OF RAJASTHAN HC ORDERS
" The present contempt petition before the High Court to remain pending and not to be proceeded with until the SLPs (29956/2011 and 29957/2011) pending before the Hon’ble Supreme Court are decided. "
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Jaipur HC CONTEMPT ORDER 20 5 2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR
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S.B. Civil Contempt Petition No. 760 of 2010
in
S.B. Civil Writ Petition No. 654 of 2010
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Krishna Murari Lal Asthana Petitioner
Versus
Shri T.S. Vijayan and others Respondents
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DATE OF ORDER: 20th May, 2013
PRESENT
HON’BLE MR. JUSTICE RAGHUENDRA S. RATHORE
Mr. Abhinav Sharma for the petitioner
Mr. Mahendra Singh for respondent No. 1
This contempt petition has been filed alleging disobedience of the order dated 12.1.2010 passed by the learned Single Judge of this court.
Thereafter, the respondent LIC had filed a special appeal before the Division Bench but the same was dismissed. Subsequently, LIC had approached the Hon’ble Supreme Court by way of SLP No. 29956/2011 and 29957/2011. In the said SLP, the Hon’ble Supreme Court passed an interim order on 14.11.2011 which reads as under:
“In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the employees”
Thereafter, an application was moved by the present petitioner before the Hon’ble Supreme Court with regard to clarification of the earlier order passed on 14.11.2011. The said I.A. filed in SLP Nos. 29956/2011 and 29957/2011 came up for hearing before the Hon’ble Supreme Court on 17.10.2012 wherein para 3 of the order dated 14.11.2011 was substituted with the following:
“In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the pensioners i.e. the writ petitioners with effect from the date of their eligibility to get retiral benefits.”
Later, the petitioners moved another application before the Hon’ble Supreme Court which came to be decided on 15.4.2013 wherein it was ordered that
“In our view, no case is made out for issuing any further direction to the petitioner in the matter of deposit of the amount in terms of the initial order passed by the Court. The applications are accordingly dismissed.”
In view of above and keeping in view the fact that the Hon’ble Supreme Court vide order dated 15.4.2013 has observed that no further direction to the Petitioner i.e. Life Insurance Corporation is required to be made in the matter of depositing the amount in terms of the initial order passed by the Court, it is amply clear that the interim order passed by the Hon’ble Supreme Court on 14.111.2011 is still continuing and is in operation, that in the meanwhile proceedings pending before the High Court under the Contempt of Courts Act, 1971 are to remain stayed.
In such a situation, the present contempt petition before the High Court is to remain pending and are not to be proceeded with until the SLP (29956/2011 and 29957/2011) pending before the Hon’ble Supreme Court are decided.
Sd.
(RAGHVENDRA S. RATHORE) J.