Allahabad High Court
Dr. Virshesh Mishra And Others vs Dr. Prashant Trivedi, Addl. Chief ... on 30 August, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:58218
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1572 of 2022
Applicant :- Dr. Virshesh Mishra And Others
Opposite Party :- Dr. Prashant Trivedi, Addl. Chief Secy. Ayurvedik Yoga, Unani Siddha And Homeopathy Lko And Another
Counsel for Applicant :- Sunita Srivastava
Hon'ble Rajesh Singh Chauhan,J.
1. On account of call of boycott by the Advocates Association, the learned counsel for the petitioner is not present, however, Shri Mohit Johari, learned Standing Counsel is present.
2. This Court has passed the order dated 23.08.2023 which reads as under:-
"1. Heard.
2. This Court has passed order dated 01.08.2023, which reads as under:-
"1. Heard Shri Amitabh Tripathi, learned counsel for the applicants, as well as Shri Mohit Jauhari, learned Standing Counsel for the opposite parties.
2. At the very outset, Shri Jauhari has produced copy of the order dated 28.07.2023 passed by the Supreme Court in Petition for Special Leave to Appeal (C) No.15092 of 2023 whereby the Supreme Court has dismissed the special leave to appeal of the State Government in the present matter. The same is taken on record.
3. Shri Jauhari has stated that since the special leave to appeal of the State has been dismissed on 28.07.2023, the concerning opposite parties have no other option except to comply the judgment of the writ-Court in its letter & spirit.
4. On the basis of instructions, Shri Jauhari has stated that compliance of judgment and order of the writ-Court shall be made in its letter & spirit within three weeks.
5. List this case on 23.08.2023.
6. On or before the next date of listing, an affidavit of compliance shall be filed, making compliance of the judgment and order of the writ-Court in its letter & spirit, failing which opposite party no. 4, Ms. Leena Jauhari, Principal Secretary/Additional Chief Secretary, Ayush, U.P. Government, Lucknow shall appear in person before this Court. If by the next date of listing, the judgment and order of the writ-Court is not complied with, charges may be framed against her."
3. In compliance of the aforesaid order, Sri Mohit Jauhari, learned Standing Counsel has filed affidavit of compliance, the same is taken on record.
4. On being confronted Sri Jauhari as to whether the petitioners have been permitted to submit their joining on the respective posts, Sri Jauhari has drawn attention of this Court towards Annexure No.A-1 of the affidavit of compliance, which is an office memo dated 21.08.2023 whereby the Principal Secretary has passed the order in terms of the order of the writ court issuing direction to the Director, Homeopathy as well as concerning Principal to permit the petitioners to submit their joining on the respective posts. Sri Jauhari has further submitted that if the concerning opposite party is given some short time, the order of the writ court would be complied with in its letter and spirit.
5. Considering the aforesaid submission of Sri Jauhari to the effect that the order of the writ court has yet not been complied with in its letter and spirit and the same shall be complied with within short time, therefore, list this case again on 30.08.2023.
6. On that date Sri Mohit Jauhari, learned Standing Counsel shall file a fresh affidavit of compliance making compliance of the order of the writ court in its letter and spirit, failing which opposite party no.4, namely, Leena Jauhari, Principal Secretary/ Additional Chief Secretary, Ayush Anubhag-2, U.P. Government, Lucknow shall appear in person."
3. Shri Mohit Johari has filed the affidavit of compliance wherein the deponent, Mrs. Leena Johri presently posted as Principal Secretary/ Additional Chief Secretary, Ayush, U.P. Government, Lucknow, same is taken taken on record.
4. Shri Johari has drawn attention of this Court towards Annexure No.3, more particularly, running page 39 of the affidavit of compliance to show that fifteen petitioners have been permitted to submit their joining on their respective post and one doctor, namely, Dr. Vivek Kumar Gupta, Medical Officer has not submitted his joining. In view of the above, Shri Johari has stated that the order of the writ court has been complied with in its letter and spirit.
5. In the wake of aforesaid development, there is no purpose to keep this contempt petition any longer, accordingly, the contempt petition is dismissed.
6. Notices are discharged.
Order Date :- 30.8.2023
Mohd. Sharif
