Allahabad High Court
Suresh Narain Ojha vs Dr. Ram Chandra Distt. Inspector Of ... on 5 February, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:7391
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4428 of 2024
Applicant :- Suresh Narain Ojha
Opposite Party :- Dr. Ram Chandra Distt. Inspector Of School Gonda
Counsel for Applicant :- Dinesh Kumar Mishra
Hon'ble Manish Kumar,J.
1. Shri Ram Chandra, District Inspector of Schools, District Gonda has filed the compliance affidavit, which is taken on record.
2. Learned counsel for the applicant has filed the supplementary affidavit, which is taken on record.
3. In the compliance affidavit filed today, it is indicated therein that for compliance of the judgment and order dated 17.09.2024, the respondent had written a letter on 30.01.2.025 to the Manager, Janta Inter College for forwarding the salary bill of the applicant so that the order of the Writ Court may be complied with. In pursuance of the letter, the Committee of Management had forwarded the salary bill of the applicant for the month of January, 2025 on 30.01.2025 and immediately thereafter, salary of the month of January, 2025 has been credited in the account of applicant.
4. On the other hand, learned counsel for the applicant has filed a supplementary affidavit bringing on record the salary bill forwarded by the Committee of Management of the applicant for the month of December, 2025.
5. He has further submitted that since February 2024, the salary bill of the applicant was forwarded by the Committee of Management through E-mail and thereafter the bill is to be generated by the D.I.O.S. for the purpose of payment of salary but the D.I.O.S. always made the payment of other teaching and non teaching staffs except the applicant.
6. After hearing learned counsel for the parties and going through the record of the case as well as the affidavits filed today by the respective parties, it is found that the Writ Court by its judgment and order dated 17.09.2024 had asked the opposite party to ensure the payment of outstanding dues to the applicant within four weeks from the date of production of certified copy of the judgment and order dated 17.09.2024. The copy of the order was produced on 24.09.2024 but the respondent had issued a letter for the first time on 30.01.2025 to the Manager of the Institution for submitting the salary bill of the applicant i.e. after the order passed by the contempt Court on 15.01.2025. The order dated 15.12.2025 is quoted hereinbelow:-
1. The present contempt application has been preferred for non-compliance of the judgment and order dated 17.09.2024, passed by the writ court in Writ A No. 7090 of 2024 (Suresh Narain Ojha versus State of U.P and others). The relevant extract of the judgment is quoted hereinbelow:-
"9. In view thereof, the impugned order dated 06.02.2024 is hereby quashed by issuance of a writ in the nature of Certiorari directing opposite party no. 6 i.e. Chairman, Regional Level Committee, Ayodhya to adhere to directions issued by this Court vide judgment and order dated 31.05.2024 in the case of petitioner as well. Opposite parties are also directed to ensure payment of outstanding salary to petitioner within a period of four weeks from the date a certified copy of this order is produced before the said authority.
10. With the aforesaid directions, the petition stands allowed at the admission stag itself. Parties to bear their own costs. "
2. Learned counsel for the applicant has submitted that the present contempt application has been filed for limited purpose i.e. for non-compliance by not ensuring the payment of outstanding and current salary to the applicant.
3. Learned State Counsel, on the basis of instructions received from the respondent, has submitted that the matter is under process for compliance of judgment and order dated 17.09.2024 and he prays for and is granted two weeks' time for filing compliance affidavit, failing which the respondent shall appear for the purpose of framing of charges for non-compliance of judgment and order dated 17.09.2024.
4. List this case in the week commencing 03.02.2025, within top-10 cases."
7. Perusal of the aforesaid order makes it evident that by virtue of the order dated 15.01.2025 time was granted for filing compliance affidavit, as learned Standing Counsel on the basis of instructions received from the respondent had submitted that the matter is under process for compliance of the judgment and order of the Writ Court dated 17.09.2024. How these instruction was sent by the respondent when he was written a letter for the first time on 30.01.2025 so just to take a date such instruction was sent and he succeeded in to get the next date and now an affidavit of compliance has been filed today wherein it has specifically been mentioned in para no. 7 that the letter was sent to the Manager of the Institution on 30.01.2025 so at the time of sending the said instructions when the case was listed on 15.01.2025, nothing was under process for compliance of the judgment and order dated 17.09.2024.
8. Apart from that, the Committee of Management, as alleged by the learned counsel for the applicant is forwarding the salary bill of the applicant for the purpose of generating the same through e-mail and enclosed one of the manual copy forwarded by the Committee of Management for payment of salary for the month of December, 2024 even that was not paid so said plea by the respondent that the Management is not forwarding the salary bill to the applicant is found to be incorrect so the affidavit of compliance filed by the respondent is hereby rejected.
9. Respondent-Dr. Ram Chandra District Inspect of Schools, Gonda, District Gonda is not present.
10. In the aforesaid circumstances, a case under Rule 5 of Chapter XXXV-E of Allahabad High Court Rules, 1952 (Rules framed under Section 23 of Contempt of Courts Act,1971) is made out, accordingly, the following charge is being framed against the respondent-Dr. Ram Chandra District Inspect of Schools, Gonda, District Gonda :-
"Why contemnor -respondent-Dr. Ram Chandra District Inspect of Schools, Gonda, District Gonda be not punished for willful and deliberate disobedience of the judgement and order dated 17.09.2024 passed in Writ A No. 7090 of 2024 (Suresh Narayan Ojha Vs. State of U.P. and others).
11. The respondent-Dr. Ram Chandra District Inspect of Schools, Gonda, District Gonda is granted two weeks' time to file reply to the aforesaid charge.
12. List this case in the week commencing 24.02.2025.
13. On that date, the respondent shall appear before this Court.
Order Date :- 5.2.2025
Ashish
