Dr. Smita Saxena vs Jai Dev Mitra
2013 Latest Caselaw 2420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 1169 of 2013
 

 
Petitioner :- Dr. Smita Saxena
 
Respondent :- Jai Dev Mitra
 
Petitioner Counsel :- Rajesh Kumar Sharma
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner asserts that although order dated 26.9.2012 passed by this court in Writ Petition No.1373 of 2012, Dr. Smita Saxena v. State of U.P, was conveyed to the respondent on 09.10.2012, the order has not been complied.

Operative portion of the said order is extracted hereinbelow:

"In view of the facts and circumstances stated herein above, and the law laid down by the Hon'ble Supreme Court, there is no hurdle to sanction the maternity leave to the petitioner. However, in the intention to harass the petitioner and to cause loss to the petitioner, the opposite parties are adamant for not sanctioning the petitioner. Hence this writ petition.

Accordingly, opposite party no.2- Director, Higher Education, Uttar Pradesh, SArojini Naidu Marg, Allahabad, is directed to consider and decide the petitioner's representation dated 10.9.2012 contained as Annexure No.4 to the writ petition, in accordance with law, after affording opportunity of hearing to the petitioner, expeditiously, say within a period of fifteen days from the date of receipt a certified copy of this order."

The respondent is directed to show cause as to under what circumstances the order passed by this court has been disregarded and not complied with and why proceedings under Contempt of Courts Act, 1971 be not initiated.

Sri Lalit Shukla, Advocate has put in appearance for the respondent. Copy of the contempt petition has been handed over to him in court.

List after six weeks.

Order Date :- 20.5.2013

A.Nigam