Allahabad High Court
Vinod Kumar And Others vs Mukesh Kumar Singh, District Inspector ... on 14 January, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 1904 of 2019 Applicant :- Vinod Kumar And Others Opposite Party :- Mukesh Kumar Singh, District Inspector Of Schools Lko & Ors Counsel for Applicant :- Brijesh Kumar Singh Hon'ble Chandra Dhari Singh,J.
The petition seeks initiation of proceedings under Contempt of Courts Act, 1971 for willful and deliberate disobedience of order dated 05.09.2018 passed at interim stage of proceedings in Writ Petition No.25205 (SS) of 2018.
Learned counsel for the petitioners has submitted that vide order dated 05.09.2018 (supra), the respondents were directed to ensure payment of salary to the petitioners as Class IVth employee or to show cause within the period as prescribed in the said order. Learned counsel has further submitted that order of the writ Court is not being complied with intentionally and deliberately by the respondents. Learned counsel has also submitted that the respondents are habitual contemnors and they are taking regular plea that instead of appointment through outsourcing, appointment of the petitioners has been made as per provisions of Intermediate Education Act.
In view of the above, learned counsel for the petitioners has submitted that the respondents are not complying with writ Court order, therefore, contempt proceedings may be initiated against the respondents.
Per contra, learned counsel for the respondents has submitted that there are no ground for initiation of contempt proceedings against the respondents as they have not violated any direction or order passed by the writ Court.
Learned counsel for the respondents has invited the attention of the Court towards the direction issued in the order dated 05.09.2018 (supra) which reads as under:-
"..............
In the meantime, the respondents are directed to ensure payment of salary to the petitioners as Class IVth employees or to show cause within the aforesaid period".
Learned counsel for the respondents has further invited the attention of the Court towards Para - 4 of compliance affidavit dated 17.10.2019 and submitted that in compliance of the writ Court order, as quoted above, a detailed counter affidavit showing therein the reason for non-payment of salary to the petitioners has already been filed. It is further submitted that the respondents have not passed any order for termination of services of the petitioners to the principal of the institution in question. It is further submitted that a notice was issued to the petitioners by the principal of the institution in question for not signing the attendance register.
Learned counsel has submitted that in view of the above, there is no intentional and deliberate disobedience of order dated 05.09.2018 (supra) passed by writ Court at interim stage of proceedings.
I have heard learned counsel for the parties and perused the record as also order dated 05.09.2018 (supra) and compliance affidavit dated 17.10.2019.
From perusal of order dated 05.09.2018 (supra), it is apparent that the order of the writ Court was conditional one: to ensure the payment of salary to the petitioners as Class IVth employee or to show cause within the period as prescribed in the said order.
It is admitted fact that a counter affidavit showing therein the reason for non-payment of salary to the petitioners has already been filed as per order and direction of the writ Court, which has not been disputed by learned counsel for the petitioners. The order of the writ Court, which was the conditional one, has been complied with.
In view of the above, I do not find any good ground or reason to establish that the petitioners has not complied with the order of the writ Court intentionally and deliberately.
Accordingly, the petition is dismissed.
Order Date :- 14.1.2020 nishant/-