Smt. Shama Begum vs Shri Om Prakash Rai Zila Basic ...
2014 Latest Caselaw 2905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1306 of 2014
 

 
Applicant :- Smt. Shama Begum
 
Opposite Party :- Shri Om Prakash Rai Zila Basic Shiksha Adhikari Lakhimpur Kh
 
Counsel for Applicant :- S.K. Verma
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Submission of learned counsel for the applicant is that applicant's appointment under the provisions of Dying-in-Harness Rules was cancelled by the District Basic Education Officer, Lakhimpur Kheri vide order dated 14.10.2004. Applicant, feeling aggrieved against the same, approached this Court by means of Writ Petition No. 329 (S/S) of 2005 (Smt. Shama Begum Vs. State of U.P. and others). The said writ petition was allowed vide order dated 12.03.2014 and while setting aside order dated 14.10.2004, the writ Court directed the District Basic Education Officer to reinstate the applicant in Prathmic Vidyalaya forthwith. The writ Court further directed to pay arrears of salary to the applicant within three months from the date of service of order and costs of Rs. 50,000/- was also imposed upon the District Basic Education Officer, Lakhimpur Kheri.

Further submission of learned counsel for the applicant is that copy of the order of writ Court was personally served in the office of District Basic Education Officer, Lakhimpur Kheri on 10.04.2014 and the copy of the same was also sent through registered post. It is also submitted that opposite parties preferred Special Appeal no.179/14 and the said appeal was partly allowed vide order dated 15.04.2014 and costs of Rs. 50,000/- was set aside and with respect to all other aspects, the appeal was dismissed. The applicant once again served the copy of order of writ Court  along with order dated 15.04.2014 passed in Special Appeal No. 179/2014 to the District Basic Education Officer, Lakhimpur Kheri , but no action has been taken on the same. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against opposite party under the provisions of Contempt of Court Act for willful disobedience of the order of Writ Court dated 12.03.2014.

On due consideration,  prima facie, a case of willful violation of the the order of writ Court is made out.

Let notice be issued to opposite party to appear before this Court on  11.08.2014  to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of the order of writ Court dated 12.03.2014 passed in Writ Petition No. 329 (S/S) of 2005 (Smt. Shama Begum Vs. State of U.P. and others).

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.

Order Date :- 11.7.2014

Tanveer/-