Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Contempt Petition-Order Complied With-Delay Neither Wilfuil Nor Deliberate-show Cause Notice Discharged-Contempt Petition Stands Disposed Of.
JUDGEMENT TITLE : C/M.J.I.Collage Vs. Karnail Singh On 24/02/2004 By Allahabad High Court
CASE NO : CONTEMPT APPLICATION (CIVIL) NO. 918 OF 1993
CORAM : Hon'ble Satya Poot Mehrotra,J

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 50

Civil Misc. Contempt Petition No. 918 Of 1993
Committee Of Management Janta Inter College,
Kaptan Ganj, Deoria And Another.....................................Applicants.
Versus
Sri Karnail Singh.......................................................Opp. Party.
*****
Hon'ble S.P.Mehrotra, J.

The Present Contempt Petition Has Been Filed Under Section 12 Of The Contempt Of Courts Act, 1971. It Is, Inter-alia, Prayed That The Opposite Party Be Punished For Having Committed Contempt Of This Court By Allegedly Wilfully Disobeying The Order Dated 10-11-1992 Passed In Civil Misc. Writ Petition No. 4263 Of 1991, Committee Of Management, Janta Inter College, Kaptanganj, Deoria And Another Vs. State Of U.P. And Another.

It Is, Inter-alia, Alleged In The Affidavit Accompanying The Contempt Petition That Janta Inter College, Kaptanganj, Deoria Was A Recognized And Aided Intermediate College ; And That The Petitioners-applicants Filed A Writ Petition, Being The Aforementioned Civil Misc. Writ Petition No. 4263 Of 1991, Inter-alia, Praying For The Reliefs Quoted In Paragraph 21 Of The Affidavit Accompanying The Contempt Petition. The Said Reliefs Sought In The Said Writ Petition Are As Under :

"i) To Issue A Writ Of Certiorari, Order Or Direction In The Nature Of Certiorari, Quashing The Government Order Dated 15-12-1990 (Annexure-22 So Far The Attached Primary Section Of Janta Inter College, Kaptanganj, Deoria Is Concerned;

Ii) To Issue A Writ Of Mandamus, Order Or Direction In The Nature Of Mandamus, Commanding The Opposite Parties To Pay The Salaries Of The Teachers Of The Attached Primary Section Since October 1989 And Continue To Pay The Same And Treat The Attached Primary Section Under The U.P. Act No. XXIV Of 1971.

Iii) To Issue Any Other Suitable Writ, Order Or Direction In The Nature Of Writ, Which This Hon'ble Court May Deem Fit And Proper In The Circumstances Of The Case To Which The Petitioners Are Entitled Under Law."

It Is, Inter-alia, Further Alleged In The Affidavit Accompanying The Contempt Petition That The Said Civil Misc. Writ Petition No. 4263 Of 1991 Was Disposed Of By This Court By The Order Dated 10-11-1992, And The Opposite Party Was Directed To Place The Primary Section Of The Said Janta Inter College, Kaptanganj, Deoria Under The Payment Of Salaries Act Within The Period Mentioned In The Said Order Dated 10-11-1992. Copy Of The Said Order Dated 10-11-1992 Has Been Filed As Annexure 1 To The Affidavit Accompanying The Contempt Petition.

The Relevant Portion Of The Said Order Dated 10-11-1992 Is Quoted Below :

"The Respondent State Is Directed To Place The Primary Section Of The Petitioner Institution Under The Payment Of Salaries Act Within A Period Of Two Months From The Date Of Copy Of This Order Is Placed Before The Relevant Authority.
The Writ Petition Succeeds And Is Allowed. There Shall Be No Order As To Costs."

It Is, Inter-alia, Alleged In The Affidavit Accompanying The Contempt Petition That Despite Repeated Representations And Despite Having Full Knowledge Of The Said Order Dated 10-11-1992 Passed In The Said Civil Misc. Writ Petition No. 4263 Of 1991, The Opposite Party Did Not Comply With The Said Order Dated 10-11-1992.

By The Order Dated 13-5-1993 Passed On The Contempt Petition, Notice Was Directed To Be Issued To The Secretary, Secondary Education, U.P. Government, Lucknow To Show Cause As To Why Contempt Proceedings Be Not Initiated Against Him For Non-compliance Of The Said Order Dated 10-11-1992 Passed In The Aforesaid Civil Misc. Writ Petition No. 4263 Of 1991.

In Response To The Notice Issued Pursuant To The Said Order Dated 13-5-1993 Passed On The Contempt Petition, Shri Karnail Singh, Who Was At The Relevant Time Working As Principal Secretary, Education, U.P., Filed His Counter Affidavit, Sworn On 21-9-1993.

In Paragraphs 5 And 6 Of The Said Counter Affidavit, It Is, Inter-alia, Stated That The Anu Sachiv Of U.P. Government On August 7, 1993 Had Issued The Order Including The Attached Primary Section Of The Said Janta Inter College, Kaptanganj, Deoria Under The Payment Of Salaries Act, 1971 With Effect From 1-4-1993 Subject To The Pending Decision Of Special Appeal Filed Against The Said Order Dated 10-11-1992 Passed In The Aforesaid Civil Misc. Writ Petition No. 4263 Of 1991 ; And That As The Directions Contained In The Said Order Dated 10-11-1992 Passed In The Aforesaid Civil Misc. Writ Petition No. 4263 Of 1991 Had Been Complied With, There Remained No Cause Of Grievance For The Petitioners-applicants. Copy Of The Said Government Order Dated 7-8-1993 Has Been Filed As Annexure A-1 To The Said Counter Affidavit.

Reasons For The Delay In Making Compliance Of The Directions Given In The Said Order Dated 10-11-1992 Have Also Been Stated In The Said Counter Affidavit.

Nothing Has Been Brought On Record On Behalf Of The Petitioners-applicants To Show That The Aforesaid Averments, Made In The Counter Affidavit, Were Not Correct. There Is, Thus, No Reason To Disbelieve The Said Averments Made In The Counter Affidavit.

It Is Thus Evident That The Directions Given In The Said Order Dated 10-11-1992 Passed In The Aforesaid Civil Misc. Writ Petition No. 4263 Of 1991 Have Been Complied With By The Opposite Party.

Reasons For The Delay In Making Compliance With The Said Order Dated 10-11-1992 Have Been Stated In The Aforesaid Counter Affidavit, And It Is Evident That The Delay Was Neither Deliberate Nor Wilful.

In View Of The Aforesaid, I Am Of The Opinion That The Opposite Party Cannot Be Held Guilty Of Having Committed Contempt Of This Court, And The Show-cause Notice Issued To The Opposite Party Is Liable To Be Discharged.

The Show-cause Notice Issued To The Opposite Party Is, Accordingly, Discharged. The Contempt Petition Stands Disposed Of Accordingly.

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