The Allahabad High Court has held the Chief Security Commissioner (CSC) of North Eastern Railway Protection Force, Atul Kumar Srivastava, guilty of contempt. However, before sentencing him, the Additional Solicitor General has been given an opportunity to comply with the order by giving him 24 hours time.
A single-judge bench of Justice Saral Srivastava passed this order while hearing a contempt application filed by Krityanand Rai.
The Court on 25.03.2022 has passed the order framing charge against Atul Kumar Srivastava, Chief Security Commissioner/RPF North Eastern Railway, Gorakhpur.
A compliance affidavit has been filed in which it is stated that entire benefits, which the applicant is entitled to, have been paid.
To the aforesaid averment made in the compliance affidavit, Rajeev Chaddha, counsel for the applicant, has raised objection and has stated that the Court order has not been complied with in letter and spirit.
It is submitted that Court while allowing the writ petition has directed the opposite party to pay entire consequential benefits to the applicant, but opposite party has paid only arrears of salary and dearness allowance, but house rent allowance and diet allowance have not been paid, which also come within the ambit of consequential benefits as the applicant is entitled to the same under the rules.
On the basis of the rule, it is contended by the Additional Solicitor General that the applicant is entitled to arrears of salary and dearness allowance which have been paid to him.
On specific query put to him as to whether the house rent allowance and diet allowance will not be part of consequential benefits, he could not demonstrate from the aforesaid rule that the aforesaid benefit have been excluded from the ambit of consequential benefits in case of reinstatement of railway employee in case of termination or dismissal, the Court said.
In perusal of the rule clearly shows that no such rider has been imposed that in case of reinstatement of terminated or dismissal employee, he shall not be entitled to house rent allowance and diet allowance. He could not place any other material under the law which prohibits the payment of house rent allowance and diet allowance, the Court observed.
The Court while allowing the writ petition has directed the opposite party to pay all consequential benefits, therefore, in such view of the fact, the Court found that non-payment of house rent allowance and diet allowance amount to non-compliance of the Court order in letter and spirit.
Accordingly, the Court held that the opposite party guilty of contempt of court for violating the order passed by the Court.
On record finding of guilty of contempt, the Additional Solicitor General has submitted that entire dues of the house rent allowance and diet allowance shall be released to the applicant by tomorrow.
“In view of the aforesaid request, 24 hours time is granted to the opposite party to comply with the undertaking given by the Additional Solicitor General of India. Put up the case in the additional cause list on 18.04.2022, on which date the opposite party-Atul Kumar Srivastava, Chief Security Commissioner/R.P.F North Eastern Railway, Gorakhpur shall remain present before the Court,” the Court ordered.