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Allahabad High Court

ANITA YADAVversusDR. NANHKU RAM, CHIEF MEDICAL OFFICER

Decided

Holding

The contempt application was dismissed as the respondent had substantially complied with the writ order.

Summary

Anita Yadav filed a contempt application alleging that Dr. Nanhku Ram, the Chief Medical Officer, willfully defied an order dated 21 November 2025 in Writ (A) No. 17599 of 2025, which required the petitioner to submit a comprehensive representation and related documents before the Chief Medical Officer of Azamgarh. The order further directed that, upon satisfaction of the petitioner's acquittal in a criminal case, the legal dues payable post-retirement be disbursed within two months. On 5 September 2026, instructions were produced indicating that the representation had been made, thereby substantially complying with the writ order. The High Court observed that the compliance was sufficient and therefore consigned the contempt application to the record, effectively dismissing it. The court also ordered that a copy of the instructions be served on the applicant’s counsel and recorded the instructions as Appendix ‘B’.

Issues considered

  • Whether the respondent willfully defied the order dated 21.11.2025 in Writ (A) No. 17599 of 2025.
  • Whether the contempt application should be dismissed on the ground of substantial compliance with the writ order.

Subjects

  • contempt
  • writ petition
  • order compliance
  • civil procedure
  • high court

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
               CONTEMPT APPLICATION (CIVIL) No. - 3841 of 2026

Anita Yadav
                                                                       .....Applicant(s)
                                         Versus

Dr. Nanhku Ram, Chief Medical Officer
                                                                           .....Opposite
                                                                                 Party(s)

Counsel for Applicant(s)      : Bhoopendra Pratap Singh, Shiv Chand
                                Yadav
Counsel for Opposite Party(s) :

Court No. - 53
                        HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 21.11.2025 passed in Writ (A) No. 17599 of
2025 (Anita Yadav Vs. State of U.P. and 3 others), order whereof is quoted
hereinunder:-

"1. Heard Sri Shiv Chand Yadav, learned counsel for the petitioner and Ms. Archana
Tyagi, learned Additional Chief Standing Counsel, who appears for State-
Respondents.
2. The case of the writ petitioner is that he was appointed on contractual basis.
However, owing to pending of criminal case against him he has not been permitted to
join.
3. Learned Standing Counsel submits that claim of the writ petitioner needs
determination at the first instance by Chief Medical Officer, Sadar, District
Azamgarh/Additional District Registrar (Birth-Death), District Azamgarh-respondent
No.4.
4. Considering the submissions so made across the Bar and looking into the overall
facts and situation, the writ petition stands disposed off directing the writ petitioner to
prefer a comprehensive representation along with the self-attested copy of the writ
petition and certified copy of this order before the Chief Medical Officer, Sadar,
District Azamgarh/Additional District Registrar (Birth-Death), District Azamgarh-
respondent No.4, who shall thereupon after being satisfied that the writ petitioner has
been acquitted in the criminal case proceed to disburse the legal admissible doubt due
and payable post retirement within a period of two months from the date of
presentation       of       the       certified       copy       of       the       order.
                                                                                               CAPL No. 3841 of 2026
                                                                    2


                                    "

                                    2. Today, instructions have been produced deciding the representation of the
                                    applicant on 05.09.2026.

                                    3. Since the order of the Writ-Court has been substantially complied with,
                                    the contempt application is consigned to record, leaving it open for the
                                    applicant to question the same before appropriate forum.

                                    4. Let a copy of the instructions be served upon the counsel for the applicant.

                                    5. Instructions filed today are taken on record and marked as Appendix 'B'.

                                    September 8, 2026
                                    N.S.Rathour

                                                                                             (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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