Jaikaran Verma vs Anil Kumar Mishra
2015 Latest Caselaw 2330 ALL

Citation : 2015 Latest Caselaw 2330 ALL
Judgement Date : 15 September, 2015

Allahabad High Court

Jaikaran Verma vs Anil Kumar Mishra on 15 September, 2015

Bench: Devendra Kumar Arora




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 350 of 2004
 

 
Applicant :- Jaikaran Verma
 
Opposite Party :- Anil Kumar Mishra
 
Counsel for Applicant :- S.M.Ali,Manoj Kumar Gupta
 
Counsel for Opposite Party :- C S C
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard.

An application for deferring the hearing of the contempt case together with a short counter affidavit has been filed by opposite party no.4 on the ground that after dismissal of Special Appeal No. 90 of 2004 vide order dated 25.3.2015, on the basis of legal advic? a review petition no. 386 of 2015 has been filed.

Learned Counsel for the petitioner while opposing the application for deferrmen?, invited attention of the court towards the order dated 26th Jun? 2014 passed by the Apex Court in Civil Appeal No. 8816 of 2010; Jai Karan Verma vs. Sri Anil Kumar Mishra and others, wherein the Apex Court observed that if the respondents fail to obtain an order staying the operation of order/judgment dated 15.10.2003 passed in Writ Petition (C) 3421 of 1995 within two months from today, the contempt petition shall be revived forthwith and shall be decided within three months thereafter. Therefor?, the request of the Standing Counsel is not sustainable as it would amount to over-reaching the order of the Apex Court.

On due consideration, I find force in submission of petitioner's Counsel and consequently, the applicant for deferrement of hearing of the contempt petition is rejected.

At this stage, learned Standing Counsel submitted that he may be granted some time as to what action has been taken by the Director, Secondary Education as well as by the State Government on the request of the answering respondent with respect to sanction of amount to be paid to the petitioner towards the arrears of salary.

Request is accepted.

List this case on 5.10.2015. In case the order is not complied with, opposite party no.4 will appear for framing of charges.

Order Date :- 15.9.2015

MH/-