Chandra Prakash Singh vs Uday Prakash Mishra, District ...
2021 Latest Caselaw 916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 111 of 2021
 

 
Applicant :- Chandra Prakash Singh
 
Opposite Party :- Uday Prakash Mishra, District Inspector Of Schools And Another
 
Counsel for Applicant :- Dinesh Kumar Singh
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the applicant.

The appellate court in Special Appeal (Defective) No. 742 of 2018 passed an interim order dated 10.10.2018. The operative portion of the order reads thus:

"Admit.

Until further orders of the Court operation of the impugned judgment dated 10th of August 2018 shall remain stayed, and the appellant shall continue to get the benefit of the interim order dated 16.08.2001 passed by the learned Single Judge and shall also be paid his salary accordingly."

On specific query, learned counsel for the applicant submits that the applicant is not receiving salary since 2004. The latces in approaching this Court has not been explained.

In view of section 20 of the Contempt of Courts Act, 1971, the petition is barred by latches.

Accordingly, the contempt petition is dismissed with liberty to the applicant to pursue the appeal to its logical conclusion.

Order Date :- 13.1.2021

K.K. Maurya