Smt Rajni Devi Widow vs Sri Shashi Kant Mishra ,Senior ...
2022 Latest Caselaw 12012 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2552 of 2022
 

 
Applicant :- Smt Rajni Devi Widow
 
Opposite Party :- Sri Shashi Kant Mishra ,Senior Superintendent Jail/ Appointing Authorityand Another
 
Counsel for Applicant :- Raj Kumar Singh Chauhan
 

 
Hon'ble Rohit Ranjan Agarwal,J.

An affidavit of compliance filed today is taken on record.

Sri R.K. Mishra, learned Standing Counsel, states that the order of writ Court dated 01.11.2021 passed in Writ-A No. 14583 of 2021 has been complied by the opposite party and the applicant has already been given compassionate appointment and has been posted at Sultanpur.

Learned counsel for the applicant contends that the opposite party has not posted the applicant at Ayodhya where her husband was in employment. He further contended that though the compassionate appointment has been given but the applicant has been posted at Sultanpur.

After hearing learned counsel for the parties, this Court finds that the order of writ Court was only to the extent to accord consideration to the claim of the applicant, which the authorities have done by giving compassionate appointment to the applicant on 24.08.2022. In a recent judgment, the Apex Court in case of Dr. U.N. Bora, Ex. Chief Executive Officer and others Vs. Assam Roller Flour Mills Association and another 2022 (1) SCC 101 has held that no roving and fishing inquiry can be done by the contempt Court and the contempt Court has to see that the order passed by writ Court is complied with and cannot substitute its own finding in the order of the writ Court. The Court further held that the contempt Court is a Court of execution and not a Court of adjudication.

In view of the above, as the direction of writ Court was only to the extent to consider the claim of applicant which the authorities have already done, this Court exercising contempt jurisdiction cannot do roving inquiry and grant relief, as prayed, by posting the applicant at Ayodhya instead of Sultanpur.

As the order of writ Court has been complied by the opposite party, present contempt application is rendered infructuous.

Dismissed as infructuous.

Contempt notice stands discharged.

File consign to record.

Order Date :- 31.8.2022

Shekhar