Neetu Singh Kushwaha vs Shri Bhanu Chandra Goswami, ...
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Allahabad High Court

Neetu Singh Kushwaha vs Shri Bhanu Chandra Goswami, ... on 13 January, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:2220
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4556 of 2024
 

 
Applicant :- Neetu Singh Kushwaha
 
Opposite Party :- Shri Bhanu Chandra Goswami, Consolidation Commissioner, Lucknow And 3 Others
 
Counsel for Applicant :- Sajjad Husain,Sanjay Shukla
 

 
Hon'ble Manish Kumar,J.
 

Present contempt petition has been preferred for non compliance of the interim order dated 25.10.2024 passed by the Writ Court in Writ A No. 10132 of 2024. The relevant extract of the said interim order is being reproduced hereinbelow:-

" 5. The reason indicated in the transfer order appears to be vague inasmuch as petitoiner was in fact transferred by order dated 13.07.2012 and not by order dated 15.05.2018 which may have been set aside by this Court.

6. Accordingly, the matter requires consideration.

7. Learned counsel for the respondents pray for and are granted two weeks to file counter affidavit. One week thereafter is granted to the petitioner to file rejoinder affidavit.

8. List this case on 27.11.2024, in top ten cases.

9. Till the next date of listing, impugned order dated 15.10.2024, shall be kept in abeyance."

Learned counsel for the applicant has submitted that the applicant has been reverted to district Unnao vide impugned order in writ petition dated 15.10.2024 but the said order has been kept in abeyance by this Court by passing interim order dated 25.10.2024.

Learned Standing Counsel on the basis of instructions received from respondent no. 1-Shri Bhanu Chandra Goswami, Consolidation Commissioner, Indira Bhawan, Lucknow has submitted that the impugned order in the writ petition dated 15.10.2024 has been kept in abeyance in compliance of the interim order dated 25.10.2024 passed by the Writ Court.

After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that keeping the impugned order dated 15.10.2024 in abeyance by this Court makes entitled the applicant to work and to be paid the salary of the post on which he was working prior to the passing of the impugned order.

At this stage, learned Standing Counsel prays for and is granted three weeks' time for filing compliance affidavit failing which the respondent no. 1 shall appear before this Court for the purposes of framing charges for non compliance of the judgment and order of the Writ Court.

List this case in the week commencing 10.02.2025.

Order Date :- 13.1.2025

Ashish