Minti Thomas vs Sri Ashutosh Kumar Dubey ...
2021 Latest Caselaw 2000 ALL

Citation : 2021 Latest Caselaw 2000 ALL
Judgement Date : 3 February, 2021

Allahabad High Court

Minti Thomas vs Sri Ashutosh Kumar Dubey ... on 3 February, 2021

Bench: Abdul Moin




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- CONTEMPT No. - 1975 of 2020
 

 
Applicant :- Minti Thomas
 
Opposite Party :- Sri Ashutosh Kumar Dubey C.M.O./Secy.Distt. Health Committee
 
Counsel for Applicant :- Mohd. Ateeq Khan
 

 
Hon'ble Abdul Moin,J.

Heard.

The present contempt petition has been filed alleging non-compliance of the interim order dated 12.10.2020 whereby the termination order of the petitioner dated 23.01.2020 has been stayed.

Learned Standing Counsel submits that the stay vacation application has already been filed and is pending for consideration by the writ court.

Placing reliance upon the judgment of the Apex Court in the case of Vinay Kumar Pandey Vs. Committee of Management passed in Civil Appeal No.4007-4008 of 2020 dated 08.12.2020 it is contended that as a stay vacation application is pending, consequently, the contempt court may not proceed in the contempt proceeding in view of the law laid down in the aforesaid case.

Having heard learned counsel for the parties and perused the record, what is apparent is that the contempt petition has been filed against an interim order passed by the writ court. Admittedly, a stay vacation application has been filed which is still pending consideration before the writ court. The Apex Court in the case of Vinay Kumar Pandey (supra) has held that where an ad-interim order and appropriate application seeking vacation of that order is still pending consideration then unless and until the submissions raised in that application seeking vacation are adequately addressed and rejected, no case for initiation of contempt proceedings is made out.

Considering the aforesaid judgment of Vinay Kumar (supra) and the aforesaid facts and circumstances, the contempt petition is consigned to records. It is open for the petitioner to file appropriate application for revival of this contempt petition in case the stay vacation application is rejected.

Order Date :- 3.2.2021

Anand Sri./-