Allahabad High Court
SWAMI RAM SRIVASTAVAversusSHRI S. RAJLINGAM, D.M.
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that no contempt had been established and consigned the contempt application to the record, permitting the applicant to seek redress in the appropriate forum.
Summary
The applicant, Swami Ram Srivastava, filed a contempt application alleging willful defiance of an order dated 26‑08‑2022 (corrected 01‑09‑2022) issued in Writ‑C No. 24301 of 2022, which directed the respondent District Magistrate to decide a claim for ex‑gratia compensation for the applicant’s son who died of COVID‑19. The order required the decision within eight weeks of receipt of a true attested copy of the order and the representation dated 3‑08‑2022. The respondent filed a compliance affidavit stating that the claim was decided on 23‑11‑2024. The applicant sought to challenge the order on its merits, but the court held that it was not required to adjudicate the merits in the contempt proceeding. Consequently, the court consigned the contempt application to the record, allowing the applicant to approach the appropriate forum for any further challenge. No finding of contempt was made.
Issues considered
- Whether the respondent’s filing of a compliance affidavit and purported decision on 23‑11‑2024 amounts to willful defiance of the order dated 26‑08‑2022
- Whether the contempt application is maintainable in view of the compliance affidavit
Subjects
- contempt
- willful defiance
- ex‑gratia compensation
- COVID‑19
- compliance affidavit
- High Court
- Writ petition
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5901 of 2024
Swami Ram Srivastava
.....Applicant(s)
Versus
Shri S. Rajlingam, D.M.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Singh
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 26.08.2022 as corrected on 01.09.2022 passed
in Writ-C No. 24301 of 2022, order whereof is quoted hereinunder.-
"The case of the petitioner is that his son was working as an outsourced employee
with Municipal Corporation, Varanasi during Covid period. He got infected with
Corona and succumbed to infection on 13.04.2020. The petitioner has made a claim
for grant of ex-gratia compensation to him in terms of Paragraph 4 of the Government
Order dated 22.06.2021, but which has not been considered so far and hence the
instant petition.
The petitioner has prayed for a direction to the respondents to decide his
representation dated 3.8.2022. Under Paragraph 3 of the Government Order dated
22.6.2021, it was the duty of Head of the Department to submit report in Form-1 and
that of C.M.O. in Form-2 that death has taken place because of Covid 19 infection.
The ex-gratia amount has to be distributed by the District Magistrate.
In our opinion, interest of justice would be served in directing respondent no.2 to
examine the claim and do needful in the matter.
Accordingly, the writ petition is disposed of with direction to respondent no.2 to
decide the representation dated 3.08.2022 within a period of eight weeks from the date
of receipt of true attested copy of the instant order alongwith photo copy of the
representation."
2. A compliance affidavit has been filed, according to which, the claim of
the applicant has been decided on 23.11.2024.
3. Though the learned counsel for the applicant has sought to challenge
CAPL No. 5901 of 2024
2
the said order on merits but this Court is not required to delve into the
same.
4. Accordingly, the present contempt application is consigned to record
with liberty to the applicant to question the same before appropriate
forum.
(Vikas Budhwar,J.)
September 17, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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