Allahabad High Court
Renu Shrivastva vs Narendra Deva Pandey ... on 29 August, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:57980
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 338 of 2020
Applicant :- Renu Shrivastva
Opposite Party :- Narendra Deva Pandey Dist.Inspector Of Schools Sultanpurandors
Counsel for Applicant :- Brijesh Kumar Kuldeep,Ashok Shukla
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Ashok Shukla, learned counsel for the applicant/ petitioner, Sri Amrendra Pratap Singh, learned Addl. Chief Standing Counsel for opposite parties no.4 & 5 and Sri Ashish Verma, learned counsel for opposite parties no.2 & 3.
2. In compliance of the earlier order of this Court, Mohd. Saleem, Manager, C/M Saleem Higher Secondary School, Khairabad, District- Sultanpur/ opposite party no.2, Sri Saifuddin Beg, Principal, Saleem Higher Secondary School, Khairabad, District - Sultanpur/ opposite party no.3, Sri Satendra Kumar Singh, the then District Inspector of Schools, Sultanpur/ opposite party no.4 and Sri Ravi Shankar, the present District Inspector of Schools, Sultanpur/ opposite party no.5 are present in person.
3. Undisputedly, the writ petition bearing Service Single No.27547 of 2019 is still pending consideration. After the interim order dated 01.10.2019, an application for vacation of interim order along with the counter affidavit has been filed on 07.02.2020. The aforesaid application i.e. application for vacation of interim order dated 01.10.2019 has not been disposed of till date, however, learned counsel for the petitioner and learned counsel for the opposite parties are shifting liabilities for non-disposal of that writ petition on each other, but the fact remains that the writ petition is still pending consideration and the application for vacation of the interim order dated 01.10.2019 has not been disposed of till date.
4. Law is settled on the point that if against the ex-parte interim order, any application for vacation of interim order is filed, till disposal of such application, the contempt proceedings should not be proceeded.
5. Sri Amrendra Pratap Singh, learned Addl. Chief Standing Counsel has drawn attention of this Court towards the order dated 08.12.2020 passed by the Apex Court in re; Vinay Kumar Pandey vs. Committee of Management Shri Gandhi Inter College & Anr., Civil Appeal Nos.4007-4008 of 2020, the same is taken on record. Operative portion of the said judgment reads as under:-
"Without going into the issue of maintainability of the appeal before the Division Bench of the High court, the basic facts which emerge from the record are that the contempt alleged is of non-compliance of the order dated 15.07.2019 which itself was an ad-interim order and appropriate application seeking vacation of that order is still pending consideration before the High Court.
In the circumstances, unless and until the submission raised in that application seeking vacation is adequately addressed and rejected, no case for initiation of contempt proceedings was made out.
We, therefore, allow these appeals, set-aside the orders under appeal, and request the High Court to take up the application seeking vacation of the ad-interim order dated 15.07.2019 at the earliest."
(emphasis supplied)
6. Having considered the arguments of learned counsel for the parties and having regard the decision of the Apex Court in re; Vinay Kumar Pandey (supra), since the writ petition is still pending consideration before the writ court and the application for vacation of the interim order dated 01.10.2019 is also pending consideration, therefore, I do not find any good reason to keep the present contempt petition pending any longer inasmuch as after the final disposal of the writ petition, the petitioner may take appropriate remedy before the appropriate court of law.
7. According, the present contempt petition is dismissed.
8. Notices are discharged.
[Rajesh Singh Chauhan,J.]
Order Date :- 29.8.2023
RBS/-
