Smt. Rajbala And 2 Ors. vs Vaudev Yadav, Director Of ...
2014 Latest Caselaw 894 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1495 of 2014
 
Applicant :- Smt. Rajbala And 2 Ors.
 
Opposite Party :- Vaudev Yadav, Director Of Education, Secondary And 2 Ors.
 
Counsel for Applicant :- K. Ajit
 
Counsel for Opposite Party :- S.C.
 
Hon'ble Ran Vijai Singh,J.

This court on 4.3.2014 has passed the following order:

"It is alleged that the order dated 10.04.2013 passed by this court has been violated. From a perusal of the petition, a prima facie case is made out.

Issue notice to opposite parties fixing 15th April, 2014.

The Counter affidavit may be filed within the aforesaid period or else charges may be framed after summoning the noticee.

However, one more opportunity is granted to the opposite parties to comply with the order within a month. If by the next date fixed the directions of the writ Court are not complied with and an affidavit of compliance to that effect is not filed, the opposite parties shall remain present before this Court.

The office may send a copy of this order along with the notice."

Pursuant thereto an affidavit of one Sri Ramesh, Additional Director of Education Secondary, Allahabad has been filed annexing therewith the letter dated 10.7.2014 issued by the Assistant Director of Education Earth (1), Allahabad for paying salary to the petitioner considering the writ Court's order with the request to allocate the budget. The affidavit is silent with regard to the actual payment. It was made specific in the order dated 4.3.2014 that in case the order  of this Court is not complied with  within a month and the affidavit of compliance is not filed the opposite party shall appear before the Court in person. From going through the affidavit it is apparent that neither the order passed by this Court dated 10.4.2013 has  been complied with in letters and spirit nor the  opposite party nos. 2 and 3 are present before the Court. So far as opposite party no.1 is concerned, he has retired now.

Let a bailable warrant be issued to the opposite party nos. 2 and 3 ensuring their presence before the Court on 30th April, 2014.

List on 30th April, 2014.

Order Date :- 15.4.2014

samz