Sri Annant Bahadur Singh vs Shri Prem Late Singh And Ors.(3)
2013 Latest Caselaw 4652 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- CONTEMPT No. - 728 of 2002
 
Applicant :- Sri Annant Bahadur Singh
 
Opposite Party :- Shri Prem Late Singh And Ors.(3)
 
Counsel for Applicant :- Vivek Raj Singh
 
Counsel for Opposite Party :- C S C,Nagendra Bahadur Singh
 
Hon'ble Ajai Lamba,J.

Arrears of salary have not been paid to the petitioner, although this contempt petition is pending adjudication since the year 2002.  Interim direction issued by the Writ Court has not been vacated till date.

Stand taken by the respondent is that budget is not available and recommendation has been made to get the money for compliance of orders of this court.  Under the circumstances, the respondents accepts their liability to pay arrears to the petitioner.

Director, Secondary Education, U.P. is directed to remain present in court on the next date of listing with the explanation as to under what circumstances an order passed by the writ court in the year 2001 has not been complied with. 

This contempt petition has been pending for the last eleven years.  Prima facie this court is of the opinion that the respondent-contemner has committed willful disobedience of order of the Court.

The case is listed for framing of charges against the respondent-contemner, who would be at liberty to address the Court in that regard.  In case, however, the compliance of the order at issue is made, the respondent shall not be required to remain present in Court.

It is further made clear that for delaying the proceedings of this court, in case the needful is not done by the next date of listing, cost amounting to Rs.20,000/- (Twenty thousand only) shall be imposed, to be recovered from the salary of the contemner, to be paid to the petitioner.

List on 16.9.2013.

Let a copy of this order be conveyed to the Principal Secretary, Secondary Education, who shall consider the conduct of the officer/officials of the Department.

Order Date :- 26.7.2013/A.Nigam