Prayagraj: The Allahabad High Court has held the Chief Security Commissioner, Railway Police Force, North Eastern Railway, Gorakhpur, Sunil Kumar Srivastava guilty of contempt over allegedly denying service benefits to an RPF constable.
On the assurance of compliance with the order by the Additional Solicitor General within 24 hours, the Chief Security Commissioner has been directed to appear on April 18 with an affidavit. The High Court has said that the Chief Security Commissioner has disobeyed the order of the Court by not paying all the service borne benefits along with the restoration of the service of the petitioner by not paying the house rent and DA. It said that the petitioner is entitled to get the payment under the rules and there is no bar on its payment.
This order was issued by Justice Saral Srivastava on the contempt petition filed by RPF constable Kriyaanand Rai. The High Court had on 11 August 2015 quashed the dismissal of the petitioner as being contrary to Article 311(1) and directed them to pay all service borne benefits including reinstatement in service. For non-compliance, a contempt petition was filed in 2016.
After five years, the petitioner was reinstated in service on the strong stand of the court, but the benefits were not paid. The High Court made a contempt charge against the Chief Security Commissioner and gave a show-cause notice as to why the punishment should not be given for disobeying the order. After this, filing an affidavit saying that full payment has been made.
On this, petitioner advocate Rajiv Chadha objected and said that only arrears of salary and dearness allowance have been paid. The house rent and DA have not been paid, which is not fully complied with the order. ASGI Shashi Prakash Singh quoted the manual and said that the amount that was entitled has been paid.
But the High Court asked whether rent and DA are not included in service-generated benefits and any rule has barred the payment to the reinstated employee. “These allowances have not been separated in the manual. There is no barrier to making the payment.
It is not that the employee reinstated by dismissal is not entitled to house rent and DA, so non-payment is a violation of the order,” the court said. The High Court said that the next hearing will be held on April 18.
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