Sandeep Singh vs Sri Kamran Rizvi Secy.Deptt.Of ...
2013 Latest Caselaw 2714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 1218 of 2013
 

 
Petitioner :- Sandeep Singh
 
Respondent :- Sri Kamran Rizvi Secy.Deptt.Of Secondary Edu.Govt.Of Up &Ors
 
Petitioner Counsel :- Anupam Mehrotra,N.S. Chauhan
 

 
Hon'ble Ajai Lamba,J.

This petition has been filed with a plea that order of this court dated 14.2.2013 rendered in  W.P.No.3348(SS) of 2012 has not been complied with.

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:

" Accordingly, the Court directs the District Inspector of Schools concerned to make payment of salary to the petitioners, who are otherwise qualified and eligible to be appointed on the posts in accordance with law, except for the fact that they have not been selected by the 'Board' but by the management for the time being as a stop-gap arrangement. This ad-hoc arrangement shall continue only till the regularly selected candidate is made available by the 'Board'. Services of the petitioners will automatically come to an end on arrival of regularly selected candidates. No further orders of the Court shall be required for termination of services of Ad-hoc teacher.

In view of the aforesaid reasons, the writ petition is allowed to the extent mentioned above."

Issue notice to the respondents to show-cause as to why he be not proceeded against for committing contempt of Court, for 09.7.2013.

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.

At this stage, Sri Lalit Shukla, Learned Government Advocate has put in appearance on behalf of the respondents.

Copy of the petition has been given to him in the court, who has received the same on behalf of the respondents, who undertakes to file affidavit showing cause as to under what circumstances a judgment passed by this court has been willfully disobeyed.

This court is conscious of the fact that the petitioners are working, however, are not being paid salary since 2008.

It is made clear that in case the affidavit is not filed by the next date of listing, a sum of Rs.10,000/- (Ten thousand only) shall be imposed for causing delay in the proceedings of court.  This amount shall be recovered from the officer, who is found responsible for delaying the proceedings.

List on 09.7.2013.

Order Date :- 24.5.2013

A.Nigam