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P.N.SINGH versus B.K.NAIR & OTHERS

High Court of Judicature at Allahabad

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P.N.Singh v. B.K.Nair & Others - CONTEMPT APPLICATION (CIVIL) No. 751 of 1993 [2004] RD-AH 61 (5 February 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Contempt Petition No. 751 of 1993

Parma Nand Singh .................................................Petitioner

Versus

Sri V.K. B. Nair and another .........................................Respondents.

*****

Hon'ble S.P.Mehrotra, J.

The present Contempt Petition has been filed under Section 12 of the Contempt of Courts Act, 1971, inter-alia, praying for summoning the Opposite Parties and for punishing them for having committed contempt of this Court by alleged wilful without disobedience of the order dated 21-4-1992 passed by this Court in Civil Misc. Writ Petition No. 11752 of 1989 (Parmanand Singh Vs. The Senior Superintendent of Police, Allahabad and others).

It is, inter-alia, alleged in the Affidavit accompanying the Contempt Petition that the petitioner-applicant was promoted as Sub Inspector of Police on 3-12-1980 and joined as Sub Inspector on 7-12-1980 ; and that in the year 1983, reversion order was passed ; and that the matter went to the Supreme Court of India, and the Supreme Court of India promoted the petitioner-applicant to work as Sub Inspector of Police ; and that ultimately, the Writ Petitions were disposed of on 19-4-1985 by the Supreme Court of India ; and that the petitioner-applicant was working as Sub Inspector ; and that by the order dated 28-5-1989, the petitioner-applicant was again reverted ; and that the said order of reversion dated 28-5-1989 was challenged by the petitioner-applicant before this Court in Civil Misc. Writ Petition No. 11752 of 1989 ; and that by the order dated 21-4-1992, the said Civil Misc. Writ Petition No. 11752 of 1989 was allowed, and the said order dated 28-5-1989 regarding reversion of the petitioner-applicant was quashed ; and that the petitioner-applicant retired on 30th June, 1989.

Copy of the said order dated 21-4-1992 passed in the aforesaid Civil Misc. Writ Petition No. 11752 of 1989 has been filed as Annexure 4 to the Affidavit accompanying the Contempt Petition.

By the order dated 20-4-1993, notices were directed to be issued to the Opposite Parties to show cause as to why action for disobedience of the said order dated 21-4-1992 be not taken against them.

In response to the said notices issued to the Opposite Parties, pursuant to the order dated 20th April, 1993, Counter Affidavit, sworn on 19th July, 1993, was filed by V.K. B. Nair (Opposite Party No.1).

In paragraphs 6 and 7 of the said Counter Affidavit, the said V.K.B. Nair (Opposite Party No.1) stated as follows :

"6. That the reversion order of the petitioner, passed by the Senior Superintendent of Police, Allahabad by his order, dated 28-5-1989, has since been quashed by the deponent by his order dated 14-7-1993 and the Senior Superintendent of Police, Allahabad has been directed to formally promote the petitioner as officiating Sub Inspector, Civil Police with effect from the date of his reversion, viz 28-5-1989 and he should be deemed to have officiated as such till the date of his attaining the age of superannuation viz 30-6-1989.

7. That with the quashing of the petitioner's reversion order passed by the Senior Superintendent of Police, Allahabad, the order dated 21-4-1992, passed by this Hon'ble Court stands complied with in toto."

Copy of the order dated 14-7-1993, mentioned in the above-quoted paragraph 6, has been filed as Annexure CA-1 to the Counter Affidavit.

A perusal of the above-quoted paragraphs 6 and 7 of the Counter Affidavit and Annexure C A-1 to the Counter Affidavit shows that necessary action consequent to the quashing of the order of reversion dated 28-5-1989 by this Court by the said order dated 21-4-1992 passed in Civil Misc. Writ Petition No. 11752 of 1989, has already been taken by the Opposite Party No.1.

In view of the aforesaid discussion, I am of the opinion that the Opposite Parties cannot be held guilty of having committed contempt of this Court, and the notices issued to the Opposite Parties on the Contempt Petition are liable to be discharged.

The show cause notices issued to the Opposite Parties are accordingly discharged. The Contempt Petition stands disposed of accordingly.

Dt.5-2-2004/AK


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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