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ASHOK KUMAR RAI versus SRI PRADEEP KUMAR

High Court of Judicature at Allahabad

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Ashok Kumar Rai v. Sri Pradeep Kumar - CONTEMPT APPLICATION (CIVIL) No. 2769 of 2005 [2005] RD-AH 2385 (6 September 2005)

 

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

Court No. 48

Civil Misc. Contempt Petition No. 2769 of 2005

Ashok Kumar Rai .............Applicant/Petitioner

Versus

Sri Pradeep Kumar ................Opposite Party

****

Hon'ble S.P.Mehrotra, J.

The present Contempt Petition has been filed by the petitioner-applicant, inter-alia, praying that the opposite party be punished for having committed contempt of this Court by willfully disobeying the judgment and order dated 2nd July, 2002 passed by this Court in Civil Misc. Writ Petition No. 47839 of 2000.

From a perusal of the averments made in the Contempt Petition and its accompanying Affidavit including enclosures thereto, it appears that the ad-hoc promotion of the petitioner-applicant on the post of Lecturer in the Institution in question was approved by the District Inspector of Schools, Ghazipur by the order dated 14th May, 1997. Copy of the said order dated 14th May, 1997 has been filed as Annexure 1 to the Affidavit accompanying the Contempt Petition.

It further appears that that by the order dated 10th October, 2000, the District Inspector of Schools, Ghazipur cancelled the approval in respect of the ad-hoc promotion of the petitioner-applicant by the said order dated 14th May, 1997.

It further appears that against the said order dated 10th October, 2000 passed by the District Inspector of Schools, Ghazipur, the petitioner-applicant filed the aforementioned Civil Misc. Writ Petition No. 47839 of 2000.

By the judgment and order dated 2nd July, 2002, the said Writ Petition was allowed, and the said order dated 10th October, 2000 passed by the District Inspector of Schools, Ghazipur was quashed. Copy of the said judgment and order dated 2nd July, 2002 has been filed as Annexure 2 to the Affidavit accompanying the Contempt Petition.

The relevant portion of the said judgment and order dated 2nd July, 2002 is as follows :

"Although, this writ petition is to succeed on the ground that impugned action is in violation of principle of natural justice but at the same time, the contention on behalf of the respondents that whether the petitioner was promoted in pursuance of the valid resolution and the petitioner was eligible and qualified for being promoted, in the light of the facts and the cases as relied upon, is liable to be examined by the District Inspector of Schools after affording full opportunity to the petitioner and other  concerned parties, within a reasonable time which this Court feels a period of four months from the date of receipt of certified copy of this order, will suffice. The final entitlement of the petitioner shall depend on the decision either way as and when is taken by the District Inspector of Schools, as directed above.

In view of the aforesaid discussions, the impugned order dated 10-10-2000 (annexure 15 to the writ petition) passed by the District Inspector of Schools is hereby quashed and the writ petition is allowed in the light of the directions as contained in this judgment."

It further appears that against the judgment and order dated 2nd July, 2002 passed in the aforementioned Writ Petition, Committee of Management of the Institution in question filed a Special Appeal being Special Appeal No. 944 of 2002.

By the judgment and order dated 5th September, 2002, the said Special Appeal was disposed of with certain oberservations. Copy of the said judgment and order dated 5th September, 2002 passed in the aforesaid Special Appeal has been filed as Annexure 3 to the Affidavit accompanying the Contempt Petition.

It further appears that the petitioner-applicant filed a Contempt Petition being Civil Misc. Contempt Petition No. 163 of 2004 on the ground of the alleged non-compliance  of the said judgment and order dated  2nd July, 2002 by the District Inspector of Schools, Ghazipur.

It further appears that in the meantime, in compliance with the directions given in the said order dated 2nd July, 2002, the District Inspector of Schools, Ghazipur considered the matter and passed an order dated 23rd January, 2004.

By the said order dated 23rd January, 2004, the District Inspector of Schools, Ghazipur recalled the said order dated 10th October, 2000, and restored the said order dated 14th September, 1997, whereby approval had been given to the ad-hoc promotion of the petitioner-applicant. Copy of the said order dated 23rd January, 2004 has been filed as Annexure 7 to the Affidavit accompanying the Contempt Petition.

In view of the fact that the directions given in the said order dated 2nd July, 2002 were complied with by the District Inspector of Schools, Ghazipur by passing the said order dated 23rd January, 2004, an Affidavit of Compliance was filed on behalf of the District Inspector of Schools, Ghazipur in the aforementioned  Civil Misc. Contempt Petition No. 163 of 2004.

Thereupon, the Court passed the following order dated 11th March, 2004 in the said Contempt Petition :

"An affidavit of compliance has been filed on behalf of opp. party no.1, copy of the same has been served on the applicant and he also acknowledged that the order has been complied with.

On the circumstances notice is discharged and petition is dismissed."

It is thus evident from a perusal of the said order dated 11th March, 2004 that on the filing of the said Affidavit of Compliance on behalf of the District Inspector of Schools, Ghazipur, it was acknowledged on behalf of the petitioner-applicant that the said order dated 2nd July, 2002 passed by this Court had been complied with.

In the circumstances, the Court, by the said order dated 11th March, 2004, discharged the notice issued on the said Contempt Petition, and dismissed the said Contempt Petition.

The petitioner-applicant has now filed the present Contempt Petition on the ground of the alleged non-compliance of the said judgment and order dated 2nd July, 2002 passed by this Court in the aforementioned Civil Misc. Writ Petition No. 47839 of 2000, as noted above.

I have heard Sri S.P. Pandey, learned counsel for the petitioner-applicant, and perused the record.

It is submitted by Sri S.P. Pandey, learned counsel for the petitioner-applicant that in the order dated 2nd July, 2002, the directions were given by this Court in two parts. First part, according to Sri Pandey, was regarding examination of the matter of promotion of the petitioner-applicant within four months from the date of receipt of certified copy of the said order dated 2nd July, 2002. Second part, according to Sri Pandey, was regarding final entitlement of the petitioner-applicant depending on the decision of the District Inspector of Schools, Ghazipur.

It is submitted by Sri Pandey that while, the first part regarding examination of the matter of promotion of the petitioner-applicant, and giving decision thereon, was complied with by the District Inspector of Schools, Ghazipur, the second part regarding final entitlement of the petitioner-applicant depending on the decision of the District Inspector of Schools, Ghazipur was not complied with.

I have considered the submissions made by Sri S.P. Pandey, learned counsel for the petitioner-applicant, and I find myself unable to accept the same.

As is evident from the facts narrated above, the petitioner-applicant filed the aforementioned Civil Misc. Contempt Petition No. 163 of 2004 on the ground of the alleged non-compliance with the directions given in the said order dated 2nd July, 2002 passed by this Court.

It is further evident that pursuant to the directions given in the order dated 2nd July, 2002 passed by this Court, the District Inspector of Schools, Ghazipur passed the said order dated 23rd January, 2004.

Further, an Affidavit of Compliance was filed in the aforementioned Contempt Petition No. 163 of 2004. Thereupon, the petitioner-applicant acknowledged that the said order dated 2nd July, 2002 had been complied with by the District Inspector of Schools, Ghazipur. In the circumstances, the Court passed the said order dated 11th March, 2004 on the aforementioned Contempt Petition No. 163 of 2004, whereby the notice issued on the Contempt Petition was discharged, and the said Contempt Petition was dismissed.

It is thus clear that the petitioner-applicant acknowledged that in view of the said order dated 23rd January, 2004 having been passed by the District Inspector of Schools, Ghazipur, the order dated 2nd July, 2002 passed by this Court stood complied with.

Having made the said acknowledgement before the Court in the aforementioned Civil Misc. Contempt Petition No. 163 of 2004, in my opinion, it is not open to the petitioner-applicant to file a fresh Contempt Petition on the ground that while, one part of the said order dated 2nd July, 2002 had been complied with, the other part of the said order dated 2nd July, 2002 had not been complied with by the District Inspector of Schools, Ghazipur.

Besides, once a Contempt Petition, namely, Civil Misc. Contempt Petition No. 163 of 2004, had been filed on the ground of the alleged non-compliance with the directions given in the said order dated 2nd July, 2002, and the said Contempt Petition was dismissed by the said order dated 11th March, 2004, it is not open to the petitioner-applicant to file a fresh Contempt Petition on the same cause of action, namely, the alleged non-compliance with the directions given in the said order dated 2nd July, 2002.

Even otherwise, from a perusal of the order dated 2nd July, 2002, it is evident that this Court only made an observation that "the final entitlement of the petitioner shall depend on the decision either way as and when is taken by the District Inspector of Schools, as directed above."

No specific direction was given in the said order dated 2nd July, 2002 for payment of any arrears of salary etc. to the petitioner-applicant. Therefore, the submission made on behalf of the petitioner-applicant that there was non-compliance with the direction given in the said order dated 2nd July, 2002 regarding final entitlement of the petitioner-applicant depending on the decision of the District Inspector of Schools, Ghazipur, cannot, in my opinion, be accepted.

There is yet another aspect of the matter.

The said judgment and order was passed in Civil Misc. Writ Petition No. 47839 of 2000 on 2nd July, 2002. The order was passed in the aforementioned Special Appeal No. 944 of 2002 on 5th September, 2002. The present Contempt Petition has been filed on 2nd September, 2005.

In the circumstances, the present Contempt Petition is not maintainable in view of the provisions of Section 20 of the Contempt of Courts Act, 1971, which is as follows:

"20.   Limitation for actions for contempt.--No court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

        In view of the aforesaid discussion, the present Contempt Petition lacks merits, and the same is liable to be dismissed.

The Contempt Petition is accordingly dismissed.

Dt.6-9-2005/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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