In a recent decision, the Allahabad High Court has held Indian Overseas Bank (IOB) in contempt for failing to comply with a court order to reinstate Ms. Manjari Singh. This case, Contempt Application (Civil) No. 341 of 2024, originated from a writ petition filed by Ms. Singh challenging her termination from the bank. The writ court had quashed her termination and ordered her reinstatement, a directive the bank failed to follow, prompting Ms. Singh to file a contempt application.
Legal Issues
The central legal issue in this case is the non-compliance with a judicial order. The writ court had previously quashed the termination of Ms. Singh and directed the bank to reinstate her. However, the bank did not issue a formal order for her reinstatement, leading to the filing of a contempt application.
Court’s Decision
The judgment was delivered by Justice Rajeev Singh. The court examined the submissions of both parties, the compliance affidavit filed by the bank, and the rejoinder affidavit from the applicant. The court found that the bank had indeed failed to comply with the writ court’s order.
Key Observations
1. Non-Compliance with Reinstatement Order: The court noted that despite the writ court’s clear directive to reinstate Ms. Singh, the bank did not issue a formal order for her resumption of service. Instead, the bank terminated her service again without due process.
– “As it is evident that the order of Writ Court has not been complied and service of the applicant has been terminated again, therefore, affidavit of compliance dated 30.05.2024 is hereby rejected.”
2. Affidavit of Compliance Rejected: The affidavit of compliance submitted by the bank was rejected by the court, as it was evident that the bank had not adhered to the court’s order.
3. Impleadment of New Respondent: The court allowed the applicant’s request to implead Shri Dileep Kumar Barik, General Manager, Human Resources Management Department, IOB, as respondent no. 3 in the contempt application.
4. Warning of Personal Appearance: The court directed the newly impleaded respondent to file an affidavit of compliance by the next hearing date, failing which he would have to appear in person for the framing of charges.
– “On the next date, newly impleaded respondent no. 3 shall file affidavit of compliance, failing which, he shall appear in person before this Court for framing of charge.”
The case has been listed for the next hearing on 12.08.2024, where the newly impleaded respondent must file a compliance affidavit. Failure to do so will result in personal appearance for the framing of charges.
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Parties Involved
– Applicant: Ms. Manjari Singh
– Opposite Party: Sri Ajay Kumar Srivastava, Managing Director and Chief Executive Officer, IOB, Chennai, and others
– Counsel for Applicant: Alok Mishra
– Counsel for Opposite Party: Avinash Chandra
