IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1544 of 2009 (O&M) Date of decision: 22.9.2009 Ashok Kumar ......Petitioner(s) Versus Sh.M.S. Kaler, Supdt. Engineer etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Manohar Dadwal, Advocate for the petitioner. Rakesh Kumar Garg, J.(Oral) CM No.21643-CII of 2009 Application is allowed subject to all just exceptions. Amended memo. is taken on record. COCP No.1544 of 2009 The grievance of the petitioner in this petition is that despite order dated 31.7.2009 whereby recovery against the petitioner was stayed, the respondents have recovered a sum of Rs.1,30,530/- from him vide Annexure P-5, and thus, have committed the contempt of this Court. I have heard learned counsel for the petitioner and perused the documents placed on record of the present contempt petition. A perusal of the order dated 18.6.2009 (Annexure P-1) shows that out of gratuity amount of Rs.3,00,000/-, approval to pay a sum of Rs.2,19,470/- was granted to the petitioner and a sum of Rs.1,30,530/- was ordered to be recovered from him. On the basis of this order, his bill for payment was prepared on 24.6.2009 vide Annexure P-5 and a sum of Rs.2,19,470/- was paid to him. A perusal of the order Annexure P-2 passed in CWP No.11415 of 2009 shows that the same was passed by this Court staying the recovery against the petitioner only on 31.7.2009 whereas the payment COCP No.1544 of 2009 (O&M) -2- was made to the petitioner after effecting recovery vide Bill No.40 dated 24.6.2009 i.e. prior to the passing of the stay order in favour of the petitioner. Thus, I find that there is no disobedience on the part of the respondents. Thus, I am not inclined to take cognizance of this petition which is without any merit. Dismissed with costs of Rs.5,000/-. Let the costs be deposited within two months from today with the State Legal Services Authority, Punjab, Chandigarh. If the aforesaid amount is not deposited within the aforesaid period, the petition be listed for appropriate orders. September 22, 2009 (RAKESH KUMAR GARG) ps JUDGE