Avinash Mishra vs Shefali Pratap District ...
2014 Latest Caselaw 3247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1371 of 2014
 

 
Applicant :- Avinash Mishra
 
Opposite Party :- Shefali Pratap District Inspector Of Schools And Another
 
Counsel for Applicant :- Amar Singh
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Learned counsel for the applicant is alleging non-compliance of the interim  order of writ Court dated 12.03.2014 passed in Writ Petition No. 1580 (S/S) of 2014 (Avinash Mishra Vs. State of U.P. and others), whereby the writ Court stayed the operation and implementation  of order dated 01.01.2014 (passed by the District Inspector of Schools, Balrampur, by which promotion order of the petitioner/applicant dated 29.08.2013, on the post of Lecturer (Economics) was stayed).

Submission of learned counsel for the applicant is that the copy of order of writ Court was served on 15.03.2014 personally to the District Inspector of Schools, Balrampur and copy of the same was also sent to Authorized Controller, Balrampur Balika Inter College, Balrampur on 24.03.2014, which was received in his office on 24.03.2014 followed by reminder on 02.04.2014.  Submission of learned counsel for the applicant is that despite the service of order of writ Court, the applicant is not being allowed to work as Lecturer (Economics) by opposite parties. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 12.03.2014 of the writ Court. 

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

Let notice be issued to opposite parties to appear before this Court on  14.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 12.03.2014 passed in Writ Petition No. 1580 (S/S) of 2014 (Avinash Mishra 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 parties need not appear before this Court on the date fixed.

Order Date :- 16.7.2014

Tanveer/-