State Of U.P. ... vs Dinesh Kumar & Ors. (Cont ...
2021 Latest Caselaw 8804 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPEAL DEFECTIVE No. - 3 of 2021
 

 
Appellant :- State Of U.P. Thru.Prin.Secy.Dept.Of Appointment & Ors.
 
Respondent :- Dinesh Kumar & Ors. (Cont 342/2021)
 
Counsel for Appellant :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

Order on the application for condonation of delay

As per office report, the Contempt Appeal has been filed with delay of 111 days. The application for condonation of delay has been filed along with an affidavit.

Considering the facts and circumstances as well as going through the grounds taken in the affidavit filed in support of an application for condonation of delay, we feel it appropriate to condone the delay.

Accordingly, the application for condonation of delay is allowed. The delay in filing of appeal is condoned.

Order on the memo of Contempt Appeal

Heard.

This contempt appeal has been filed challenging the orders dated 6.1.2021 and 2.2.2021 passed in Contempt Petition No.342 of 2021 by the State Public Services Tribunal.

By the order dated 6.1.2021, the Secretary, U.P. Public Service Commission has been issued certain directions and the case is directed to be listed on 13.1.2021, whereas vide order dated 2.2.2021, the learned Tribunal has directed the U.P. State Public Service Commission to ensure that sealed cover of respondent No.1 be opened within a fortnight from the date of passing of the order and recommendations will be forwarded to the State Government for implementation. The case is directed to be listed after three weeks on 2.3.2021.

Learned Additional Chief Standing Counsel appearing for the appellants informs that the next date is fixed for 2.8.2021.

We have considered his submissions and gone through the record. Relying on the judgment of the Hon'ble Supreme Court in the case of Midnapore Peoples' Co-operative Bank Ltd. and others v. Chunilal Nanda and others [AIR 2006 SC 2190], the contempt appeal against the interlocutory order is not maintainable.

The Contempt Appeal is accordingly dismissed, however, the appellants shall be at liberty to approach the appropriate forum.

Order Date :- 27.7.2021

lakshman