Babu Ram vs Shri S.N Singh. Distt Basic Edu., ...
2011 Latest Caselaw 5359 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- CONTEMPT No. - 869 of 2011
 

 
Petitioner :- Babu Ram
 
Respondent :- Shri S.N Singh. Distt Basic Edu., Officer. Distt Kheri
 
Petitioner Counsel :- Sanjai Kumar Singh
 
Respondent Counsel :- R.K.Kushwaha
 

 
Hon'ble Shabihul Hasnain,J.

In compliance of Court's order, Finance and Accounts Officer, Lakhimpur Kheri Sri Dhirendra Pratap Singh, as well as  Sri Devki Singh, Basic Shiksha Adhikari, Lakhimpur Khiri, are present before this Court.

Sri R.K.Kushwaha, appears for the Basik Shiksa Adhikari  and Sri Ghaus Beg for the Finance & Accounts Officer.

It has been informed that the special appeal has been filed on 28.09.2011. The matter is coming up for hearing, hence time may be granted to them to see the outcome  of the orders passed in special appeal.

Petitioner's counsel says that the special appeal is highly time barred. The order was passed way back on 14.09.2010. The opposite parties  did not bother to even file a special appeal or seek any other remedy till 28.09.2011. The special appeal has  seen the light of the day only after filing of the contempt petition and issuance of summons for personal attendance. This cannot be a good ground, which can  be  said to be a valid defence by the opposite parties. They are in contempt, prima facie,  for the last about an year.

List this case on 21.11.2011.

In case the orders are not modified or changed or stayed by the Division Bench,  the order shall be complied with. But, in case of non compliance of the order, both the officers present today, shall appear again to show cause as to why the proceedings for committing contempt of this Court should not be initiated against them and why they should not be punished under the Contempt of Court's Act.

Order Date :- 20.10.2011

RS.