Durgesh Kumar vs Kamrulnisha & Another
2013 Latest Caselaw 2490 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 1185 of 2013
 

 
Petitioner :- Durgesh Kumar
 
Respondent :- Kamrulnisha & Another
 
Petitioner Counsel :- Lakshman Singh
 

 
Hon'ble Ajai Lamba,J. 

This petition has been filed with a plea that order of this court dated 22.1.2013 rendered in  Writ Petition No.314(SS) of 2013, Durgesh Kumar v. State of U.P., has been violated. Respondents have not complied with the order in its letter and spirit, intentionally. Accordingly, the respondents have committed contempt of Court, as defined under Section 2(b) of the Contempt of Courts Act 1971.

Operative part of the order, noted above, reads as under:

"A perusal of the order goes to prove the argument of the petitioner to be true. No reason has been given, no inquiry has been conducted and no opportunity of hearing has been afforded. Only this much has been said that the appointment of the petitioner was being dispensed with because of Government Order dated 23.7.2012 regarding termination of irregular appointments.

Let counter- affidavit be filed within four weeks. Rejoinder- affidavit, if any, may be filed within a week thereafter. List thereafter.

Meanwhile, operation and implementation of the impugned order dated 17.12.2012 as contained in annexure no. 1 to the writ petition, terminating the services of the petitioner, shall remain stayed and the petitioner shall be paid salary which he was getting prior to passing of the impugned order."

Issue notice to the respondents to show-cause as to why they be not proceeded against for committing contempt of Court, for 03.7.2013.

The respondents are directed to furnish explanation as to under what circumstances the order passed by this court has not been complied with, and why contempt proceedings be not initiated.

List on 03.7.2013.

Order Date :- 21.5.2013/A.Nigam