M.M.DUTT, RANGANATH MISRA
K. D. Gupta – Appellant
Versus
Union Of India – Respondent
ORDER :— This Court by its order dated March 31, 1989 (reported in AIR 1989 SC 1393: 1989 Lab IC 1364 at para 11), directed :
"We direct that the amount of Rs. 4 lakhs be paid to the petitioner within two months and the petitioner may be released from the defence service in accordance with any decision that may be taken on his request for such release."
2. On the allegation that instead of Rs. 4 lakhs, payment of Rs. 2,80,000/- has been made and that too not within the time fixed, the present application for initiating contempt action has been filed.
3. Notice was issued and we have heard petitioner in person and Mr. Ramaswamy, learned Additional Solicitor General for the respondents. No serious notice need be taken of the allegation of non-compliance within the time. It appears that the notified bank of the petitioner was credited with the money (Rs. 2,80,000/-) and its intimation was given to the petitioner, as he maintains, late.
4. We see no justification to initiate any contempt proceeding against the respondents for withholding a sum of Rs. 1,20,000/- out of the sum of Rs. 4 lakhs directed to be paid to the petitioner. Rs. 1,20,000/- has been withheld on the plea that under Chapt
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