Allahabad High Court
Ashok Kumar Srivastava vs Sri Ram Sharan Singh, D.I.O.S. on 27 January, 2010
Author: Vikram Nath
Bench: Vikram Nath
Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3347 of 2009 Petitioner :- Ashok Kumar Srivastava Respondent :- Sri Ram Sharan Singh, D.I.O.S. Petitioner Counsel :- J.P. Singh Respondent Counsel :- S.C. Hon'ble Vikram Nath,J.
Pursuant to the order dated 4.1.2010, Chhotey Lal, District Inspector of Schools, Ballia and also posted as Principal, Government Inter College, Ballia is present in Court. He has filed an affidavit of compliance, alongwith which is annexed an order dated 25.1.2010 passed on the claim of the applicant for promotion.
Learned counsel for the applicant may file reply to the said affidavit of compliance within two weeks.
List on 16.2.2010.
This Court in its order dated 4.1.2010 after recording certain facts had directed the District Inspector of Schools, Ballia alongwith the concerned clerk who had declined to receive the notices, to remain present before this Court today. Although the District Inspector of Schools, Ballia is present in Court but the concerned clerk is not present. In the affidavit of compliance in paragraph nos. 9,10 & 11 it has been stated by the District Inspector of Schools, Ballia that he specifically informed and instructed the concerned clerk Brijendra Singh to appear before this Court on 27.1.2010. Despite the same he is not present. It appears that the concerned clerk has no respect, honour or dignity for the orders of this Court. Initially he had denied to accept the contempt notices in the office of District Inspector of Schools, Ballia and had returned them on two counts. Firstly that the name of the officer was mentioned as Chhotey Lal Pandey in place of Chhotey Lal and further that the officer was out of station. It is not in the domain of the concerned clerk to have refused to accept notices. He ought to have received the same and should have placed it before the officer concerned after his return. Further the said clerk despite knowledge and instructions from his superior officer has failed to appear before this Court thereby displaying not only an act of gross insubordination but also disrespect to the Court. Apparently he does not deserve to continue in Government Service.
Let a copy of this order be sent to the Joint Director of Secondary Education, Azamgarh Region, Azamragh for taking appropriate disciplinary proceedings against the said concerned clerk after placing him under suspension forthwith and further ensure his presence on the next date i.e. 16.2.2010. The Regional Joint Director of Secondary Education shall file an affidavit of the action taken pursuant to the aforesaid order. Personal appearance of Chhtey Lal the opposite party shall remain exempted till further orders.
Order Date :- 27.1.2010 RPS