Kishun Kumar, vs State Of U.P.,Thru. Secretary, ...
2017 Latest Caselaw 354 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- SERVICE BENCH No. - 909 of 2010
 
Petitioner :- Kishun Kumar,
 
Respondent :- State Of U.P.Through Secretary, Department of Agriculture & Others
 
Counsel for Petitioner :- Moti Chand Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Virendra Kumar-II,J.

1. Judgment passed by this Court on 19.02.1994 in Writ petition No. 187 of 1989 has not been complied with so far. Termination order of dated 27.10.1988 has been set aside by this Court vide judgment dated 19.021994. As a result thereof removal order extinguished and has no legal consequences. This Court, however, allowed Additional Director Agriculture (Administration) U.P to pass a fresh reasoned order in accordance with law after giving opportunity of hearing to petitioner. No fresh order of termination has been passed by authorities till date and on the contrary Additional Director Agriculture (Administration) has passed an order on 19.09.1994 stating that since petitioner was already terminated on 27.10.1988, no question arises for taking him back.

2. This is nothing but a clear contemptuous order on the part of Additional Director who is trying to take recourse to order dated 27.10.1988 which has already been set aside by this Court and without realising this fact that no fresh order of termination has been passed till date still petitioner has been treated to be terminated by taking recourse to order dated 27.10.1988. It is nothing but contempt on the face of it and continuing till date.

3. Let respondents no. 1, 2 & 3 appear before this Court to show cause why proceeding for contempt be not initiated against them and they be not punished under provisons of Contempt of Courts Act, 1971.

4. At this stage, learned Standing Counsel stated that he may be given a week time to seek instructions and ensure compliance of the order. Hence, we are deferring this part of the order and direct that this matter shall come up on 18.05.2017, on which date learned Standing counsel shall file personal affidavit of respondents no. 1, 2 & 3 giving correct picture, whether things have been placed straight in the matter or respondents are still taking recourse and shield of termination order dated 27.10.1988 to deny benefits of petitioner which approved to him by virtue of  judgment dated 19.02.1994 passed by this Court in Writ Petition no. 187 of 1999.

5. List/ put up this matter on 18.05.2017.

6. Copy of this order shall be given to learned Standing counsel by tomorrow for communication to concerned respondents and compliance.

Order Date :- 10.5.2017

Pachhere/-