Madhya Pradesh High Court
Smt. Manjula Choudhary vs Priyanka Chauhan on 16 July, 2015
CONA 01/2015
16/07/2015
Shri KN Gupta, learned Senior Advocate assisted
by Shri Vivek Khedkar, learned counsel for the
appellant.
Shri Rajmani Bansal, learned counsel for the
respondent.
This intra-Court contempt appeal is preferred under section 19 of the Contempt of Court Act being aggrieved by the order dated 24/6/2015 passed by the Single Bench in Contempt Petition No.505/2013 whereby hearing of such contempt petition is deferred for imposition of suitable punishment on the appellant.
Appellant's Senior Advocate after taking us through the papers placed on record, by referring to the order dated 26/4/2013 passed by the Writ Court in WP 6939/2011 which was confirmed in Writ Appeal NO.194/2013 vide order dated 16/5/2013 and on filing an SLP by the Department of the appellant herein against the order dated 16/5/2013 passed in the writ appeal the same was dismissed by the Apex Court at the stage of motion hearing as stated in the subsequent order of the department of the appellant dated 2/9/2013 annexed as Annexure A with this appeal, submits that subsequent to passing the 2 CONA 01/2015 aforesaid order, the directions given by the Writ Court, affirmed in the appeal against which the SLP was dismissed by the Apex Court, have been duly complied with according to which the department of the appellant has considered the name of the respondent herein for the purpose of regularisation on the concerning post of Administrative Officer and, vide order dated 2/9/2013 ( Annexure A) she was not found fit for confirmation on the aforesaid post. In support of such contention, he has also referred to the minutes of the committee by which name of the respondent herein was considered for the aforesaid post. Such minutes are annexed at page No.56 of the compilation of this appeal, while the aforesaid order dated 2/9/2013 is annexed at page No.38 of this compilation. In continuation, he said that accordingly, the order of the Writ Court affirmed upto the Apex Court has been substantially complied with by the authority of the appellant and unless such order is set aside by the competent authority or by the Court in appropriate proceedings, the appellant herein could not be held to be liable for committing contempt of Court of the order of the Writ Court on the basis of the other averments stated in the order of the Writ Court as well as of the Writ Appellate Court and prayed for admission of this appeal.
3 CONA 01/2015In view of the aforesaid submissions of the learned Senior Advocate, the appeal appears to be arguable, hence, the same is admitted for final hearing.
Respondent's counsel has taken notice of this admission, hence, no further notice is required.
At this stage, Shri Gupta, learned Senior Advocate of the appellant prays to consider IA 3158/2015 application for grant of stay against the operation and execution of the impugned order of the Single Bench whereby hearing on the case is deferred for hearing the appellant herein on the question of imposition of suitable punishment on her for contempt of Court and pursuant to it, the appellant has also been served a show cause notice in this regard asking why she should not be punished for committing the contempt of Court of the aforesaid order of the Writ Court.
Respondent's counsel herein seeks for and is granted a period of one week to file reply to the aforesaid IA.
Let this matter be placed for consideration of the aforesaid IA in the week commencing 03rd August, 2015.
Meanwhile, appellant is extended a liberty to file an appropriate application with appropriate relief in the light 4 CONA 01/2015 of admission of this appeal and fixing the aforesaid date for consideration of the aforesaid IA in the week commencing 03rd August, 2015 in the contempt petition before the Single Bench. Pursuant to it, such Single Bench is requested that on filing such an application, the same be considered by such Court keeping in view the admission of this appeal in accordance with the procedure prescribed under the law.
(U.C.Maheshwari) (B.D.Rathi)
Judge Judge
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