Allahabad High Court
Vinay Kumar Tripathi vs Prashant Trivedi Addl.Chief ... on 3 August, 2022
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2230 of 2021 Applicant :- Vinay Kumar Tripathi Opposite Party :- Prashant Trivedi Addl.Chief Secy.Ayush Deptt.Lucknow Counsel for Applicant :- Anand Mani Tripathi,Sanjay Kumar Pandey Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel for the respondent.
The instant petition has been preferred alleging non-compliance of the order dated 23.6.2021, passed in Writ Petition No.1787 (SS) of 2021; Vinay Kumar Tripathi Vs. State of U.P. and others, which was also connected with two other writ petitions of Avneendra Pratap Singh and Dr. Praveen Kumar Singh. The relevant portion of the order passed by writ court dated 23.06.2021 reads as under:
"Considering the aforesaid factors, and particularly the fact that the post of Registrar of the Board is lying vacant for the past more than one and half year since the date of selection, the opposite party No. 1 i.e. Additional Chief Secretary, Ayush, U.P. Civil Secretariat, Lucknow is directed to take a final decision with regard to selection held on 27th January 2020. Such a decision shall be taken by the State Government within a period of three months from the date the copy of this order is produced before the concerned authority.
In writ petition No. 26061 (S/S) of 2020, Avneendra Pratap Singh versus State of U.P. and others, a writ in the nature of Certiorari has been sought to quash the advertisement dated 8th February 2019 on the ground that the selection process has been conducted contrary to the rules and the advertisement. Since the matter has yet not yet attained finality in terms of the employees service rules and the State Government is yet to take a final decision thereupon, the said petitioner is granted liberty to raise objection before the State Government within a period of two weeks from today. In case such an objection is filed within the time frame provided, the State Government while considering approval of the selection dated 27th January 2020 shall also consider and decide the objections in accordance with law filed by Avneendra Pratap within the same time frame of 3 months.
With the aforesaid directions, the writ petitions stand disposed of. "
Mr. Vinod Kumar Shukla, learned Standing Counsel has drawn attention of the court to a counter affidavit dated 6.1.2022, wherein in para 14 of the said affidavit filed by Mr. Prashant Trivedi, Additional Chief Secretary, Ayush Department, Government of U.P. Lucknow has categorically stated that the decision regarding the selection had already been taken on 28.06.2020, a copy of which has also been brought on record as Annexure No.SCA-6 to the said affidavit. It is submitted that though the said decision was taken even prior to the decision passed by writ court however on account of inadvertence the same could not be pointed out. He has also submitted that another writ petition of Dr. Praveen Kumar Singh bearing Writ Petition No.5544 (SS) of 2021 was also decided along with the petition of present petitioner vide order dated 23.06.2021, wherein considering this aspect of the matter a coordinate bench of this court by means of an order dated 20.5.2022, in Contempt Application (Civil) No.2097 of 2021 has dismissed the same. The relevant portion thereof reads as under:
"4. In the compliance affidavit filed by Sri Prashant Trivedi, Additional Chief Secretary, Ayush Department, Government of Uttar Pradesh an order dated 28.8.2020 has been annexed where it has been noticed that according to the advertisement selection be made on the basis of written examination as well as interview and the selections were to be made on merits while it was noticed that a detailed merit list has been prepared only on the basis of the interview and, hence, Government was of the clear view that selection has been made in violation of the rules and, hence, declined to grant approval to the said selection. Probably, while passing the present order dated 23.6.2021 the said order was not brought to this Court's notice and hence direction was given to the State Government to decide the said issue considering that the said issue already stood decided by the State Government previously as per the direction in the writ petition No.26061 (S/S) of 2020 in the case of Avneendra Pratap Singh in pursuance to which the State Government is of the considered view that the selection having not been held in accordance with law has declined to grant its approval.
5.In the aforesaid peculiar facts and circumstances of the case, it cannot be said that the opposite parties have not complied the order of the writ Court. It is noticed that once Government has declined to grant approval to the selection it is always open for the applicant to assail the said decision of the Government before appropriate forum and also considering that the State Government has already taken a decision, this Court is not inclined to interfere in exercise of contempt jurisdiction. The contempt petition is, therefore, dismissed with aforesaid observations. "
In view of the aforesaid as well as the fact that the order has been complied with even prior to the date of passing of order, accordingly at this stage it cannot be said that the respondents are in willful and deliberate disobedience of the order passed by writ court.
Accordingly, this court does not feel it appropriate to continue the contempt proceedings. The proceedings are dropped. Petition is thus dismissed. Notices issued, if any, stand discharged.
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(Jaspreet Singh, J.) Order Date :- 3.8.2022 Ram.