Taking a serious note of non-compliance with court’s order within the stipulated timeframe, the Allahabad high court has said that director, higher education, UP, prof Brahmadeo is not fit to hold such post.
On May 24, 2023, the writ court, while disposing of a petition filed by one Ajay Kumar Mudgal, had directed the director, higher education, U.P., to consider the issue of payment of gratuity in respect of the petitioner’s wife strictly in accordance with law within 60 days.
“In the event if the petitioner is held entitled to the gratuity amount, the same shall be released to him within a further period of 30 days,” the court had said.
However, when the order was not complied with, the petitioner filed the present contempt petition. Acting on it, the court directed the director, higher education, U.P., to appear before it on November 28, 2023.
Brahmadeo appeared before the court and filed an affidavit stating therein that due to his busy schedule, he could not process the file of the applicant and it was on November 10, 2023 that he had sent a letter to the state government requesting for permission of payment of death-cum-gratuity amount to the applicant.
Taking a serious note of the submission made by prof Brahmadeo, Justice Rohit Ranjan Agarwal observed, “The submissions made by the opposite party before the court clearly reflects the conduct in which the officers of the state government are behaving in dealing with orders of this court. The court is stunned to hear the submission made by the opposite party, who is present in the court that due to his busy schedule he could not comply with the order of the Court. From submission made by the opposite party, a clear case for contempt is made out against him.”
{{/usCountry}}Taking a serious note of the submission made by prof Brahmadeo, Justice Rohit Ranjan Agarwal observed, “The submissions made by the opposite party before the court clearly reflects the conduct in which the officers of the state government are behaving in dealing with orders of this court. The court is stunned to hear the submission made by the opposite party, who is present in the court that due to his busy schedule he could not comply with the order of the Court. From submission made by the opposite party, a clear case for contempt is made out against him.”
{{/usCountry}}“The applicant who has approached the court for payment of death-cum-gratuity amount had not only contested the writ petition but has been compelled to file contempt application for getting the order of writ court complied with. This is a serious matter and senior officers of the state government, who are at the helm of affairs need to re-introspect and find out the solution for dealing with such officers who are taking the Institution so lightly and behaving in a very casual manner in holding such a higher post as of Director of Higher Education. This court prima facie finds that the officer is not fit to hold such post as he sat over the file for six months and when the date in contempt proceedings was nearing, he has forwarded the request to state for making payment”, the court added.
While directing to list this case on December 21, 2023, the court directed the special secretary, higher education, government of U.P., to process the letter forwarded by the opposite party (Brahmadeo) on November 10, 2023 within two weeks and inform the court about the decision so taken.