Amit Kumar Tripathi v. Sri Deepak Kumar, Addl. Chief Secy. U.P., Lko. and Others

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2414 of 2023 Applicant :- Amit Kumar Tripathi Opposite Party :- Sri Deepak Kumar, Addl. Chief Secy. U.P., Lko. And Others Counsel for Applicant :- Satyanshu Ojha Counsel for Opposite Party :- Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J.

¶1Heard.

¶2This Court has passed order dated 09.10.2023, which reads as under:- "1. Heard Sri Satyanshu Ojha, learned counsel for the petitioner and Sri Rishabh Tripathi, learned counsel for the opposite party no. 3 i.e. Sri Akhilesh Pratap Singh, District Basic Education Officer, Sitapur, same is taken on record.

¶2In compliance of the earlier order Sri Akhilesh Pratap Singh, District Basic Education Officer, Sitapur is present in person before the Court.

¶3Sri Rishabh Tiwari, learned counsel for the opposite party no. 3 has stated that he has received complete instructions in the matter and on the basis of instructions he has stated that the compliance of the writ court order shall be done in its letter and spirit within two weeks.

¶4Considering the aforesaid submission of Sri Tripathi, list this case on

6.11.2023.

¶5On or before 6.11.2023 the officer who is present in person shall file affidavit of compliance making compliance in its letter and spirit failing which he shall again appear.

¶6In case the order is not complied with in it letter and spirit charges may be framed against him on the next date.

¶7When the case is next listed name of Sri Rishabh Tripathi shall be shown as counsel for the opposite party."

¶3Sri Rishabh Tripathi, learned counsel for opposite party no.3 has filed affidavit of compliance, the same is taken on record.

¶4Sri Tripathi has stated that in compliance of the order of the writ court, the petitioner has been permitted to continue on the post in question and order for payment of salary has been passed. He has further submitted that specific recital to this effect has been given in para-7 of the affidavit of compliance. The order to this effect dated 04.11.2023 has been enclosed as Annexure No.A-1 to the affidavit of compliance. The aforesaid order has been passed subject to the final outcome of the writ petition/ stay vacation application, which is pending consideration.

¶5Sri Satyanshu Ojha, learned counsel for the petitioner has submitted that however, the petitioner has been permitted to serve on the post in question but has not been paid salary. On that, learned counsel for opposite party no.3 Sri Rishabh Tripathi has stated that since the order has been passed on

04.11.2023, therefore, in compliance of the order of the writ court as well as in compliance of the aforesaid order dated

04.11.2023, consequential steps shall be taken forthwith.

¶6In view of the aforesaid fact, nothing remains to be adjudicated in the present contempt petition.

¶7Accordingly, the present contempt petition is dismissed.

¶8Notice is discharged.

¶9However, it is expected that in compliance of the order of the writ court as well as pursuant to the order dated 04.11.2023 passed by the District Basic Education Officer, Sitapur, the petitioner shall not only be permitted to discharge his duties on the post in question but shall be paid his salary, with expedition, preferably within a period of fifteen days from today, failing which liberty is given to the petitioner to file an application for revival of the present contempt petition and if such application is filed and it is found that despite the order of the writ court and the order being passed by the competent authority on

04.11.2023, the petitioner has not been permitted to discharge his duties and has not been paid his salary, the contempt petition may be revived and in that case, any coercive order under the Contempt of Courts Act may be passed against the concerning authority. [Rajesh Singh Chauhan,J.] Order Date :- 6.11.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench