Allahabad High Court
Mohammad Shahid vs Sri M. Devaraj Chairman, U.P. ... on 6 February, 2023
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2204 of 2022
Applicant :- Mohammad Shahid
Opposite Party :- Sri M. Devaraj Chairman, U.P. Rajya Vidyut Utpadan Nigam Ltd. Lko. And Another
Counsel for Applicant :- Ratnesh Chandra,Abhishek Pratap
Counsel for Opposite Party :- Neerav Chitravanshi,Neerav Chitravanshi
Hon'ble Rajnish Kumar,J.
Heard Sri Ajeet Verma, Advocate holding brief of Ratnesh Chandra, learned counsel for the applicant and Sri Neerav Chitravanshi, learned counsel for the respondent.
This application has been filed alleging non-compliance of the order dated 24.03.2022 passed in Writ A No.1613 of 2022(Mohammad Shahid versus State of U.P. and others).
There is consensus among learned counsel for the parties that this case is covered by the order dated 03.02.2022 passed in Contempt application(Civil) No.2195 of 2022. The order dated 03.02.2022 is extracted here-in-below:-
"Heard Shri Ratnesh Chandra, learned counsel for the applicant and Shri Sudeep Seth, learned Senior Counsel assisted by Shri Neerav Chitravanshi, learned counsel for the respondents.
This application has been filed alleging non compliance of the order dated 22.02.2022 passed in Writ-A No.925 of 2022.
Learned counsel for the respondents submits that though Special Appeal filed against the aforesaid order has been dismissed, but it has been made open that the stay vacation application may be filed against the interim order dated 22.02.2022 and a request has been made to learned Single Judge that in case application seeking vacation of stay order is moved the same shall be decided as early as possible. The respondents have filed an application for stay vacation and they are earnestly trying that the stay vacation application is decided, but the same could not be decided. Learned counsel for the respondents have relied on a judgment of Hon'ble Supreme Court dated 8th of December 2020 passed in Vinay Kumar Pandey Versus Committed of Management Shri Gandhi Inter College and another; Civil Appeal No.4007-4008 of 2020 and a Coordinate Bench order of this court dated 03.02.2022 passed in Contempt No.1975 of 2020.
On the basis of above, submission of learned counsel for the respondents is that the contempt proceedings may be deferred or consigned to records till disposal of the stay vacation application.
On the other hand learned counsel for the applicant submits that though the Special Appeal has been dismissed but the order passed by the writ court has not been complied with and additional charge has been given to three junior persons instead of applicant. Therefore the respondents have deliberately violated the order passed by the writ court. In regard to which learned counsel for the respondents submits that it can be examined by the writ court.
Having heard learned counsel for the parties I have perused the record.
The writ court by means of order dated 22.02.2022 had passed an interim order staying the effect and operation of the seniority list as well as order dated 10.11.2021. The said order was challenged by the respondents in Special Appeal No.108 of 2022. The Special Appeal has been dismissed, however it has been left open to the appellants i.e. the respondents herein to seek vacation of order dated 22.02.2022 by moving an appropriate application alongwith counter affidavit before the learned Single Judge and a request has been made by the Division Bench to the learned Single Judge for disposal of the stay vacation application as early as possible. The respondents have filed an application for stay vacation on 25.04.2022 and they have also placed on record certain orders passed by the writ court, which indicates that the matter is being pursued by the respondents for disposal of the stay vacation application. In the order passed by the Hon'ble Supreme Court in the case of Vinay Kumar Pandey Versus Committee of Management Shri Gandhi Inter College and another (Supra) the Hon'ble Supreme Court has held that unless and until the submission raised in the application seeking vacation is adequately addressed and rejected, no case for initiation of contempt proceedings was made out. A Coordinate Bench of this court by means of order dated 03.02.2021 passed in Contempt No.1975 of 2020 has consigned to records the contempt proceedings considering the said judgment of Hon'ble Supreme Court.
Considering the submissions of learned counsel for the parties and the dictum of the Hon'ble Supreme Court in the case of Vinay Kumar Pandey (Supra) and the facts and circumstances of the present case since the stay vacation application is pending this application is dismissed. However it is open for the applicant to file appropriate application for initiation of these proceedings after disposal of the stay vacation application, if required."
In view of above and consensus among learned counsel for the parties, this application is dismissed in terms of the aforesaid order dated 03.02.2022 with liberty to avail appropriate remedy for initiation of these proceedings after disposal of the stay application, if required.
Order Date :- 6.2.2023
Akanksha
