HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- CONTEMPT No. - 2006 of 2015 Applicant :- Smt. Sudha Rani Garg Opposite Party :- Dr. Brijesh Misra,Zila Basic Shiksha Adhikari, Hardoi Counsel for Applicant :- M.R. Satyarthi Hon'ble Dr. Devendra Kumar Arora,J.
Heard.
Petitioner has filed instant contempt petition alleging willful non-compliance of the order dated 25.8.2015 passed in writ petition no. 4944(SS) of 2015; Smt.Sudha Rani Garg vs. State of U.P. and others.
Vide order dated 25.8.2015, the writ court directed the authorities to allow the petitioner to work and discharge her duties till the end of academic session i.e. 31.3.2016 in the institution in question or till the next date of listing which ever is earlier and also be paid salary each and every month regularly.
Counsel for the petitioner contends that though she has served the copy of the order on 28.8.2015 through registered post but till date no positive action has been taken to comply the order, which shows that opposite party is flouting the order with impunity.
After considering the submissions of the petitioner and perusal of record, prima-facie a case for contempt is made out.
Issue notice to opposite parties fixing 4.11.2015.
On that date opposite parties shall appear in person before this court to show cause as to why proceedings under the Contempt of Court may not be initiated for willful disobedience of the aforesaid order. It is clarified, that if the order of the writ court is complied with in its true spirit before the date fixed, the opposite parties need not appear on the date fixed and shall file only an affidavit of compliance of the order.
Counsel for the petitioner is directed to furnish a copy of the petition to Standing Counsel, who shall transmit the same to the opposite party alongwith gist of order at the earliest for information and compliance.
List on 4.11.2015.
Order Date :- 29.9.2015 MH/-