In a civil contempt application alleging non-compliance with an order allowing applicants to continue as computer operators, the High Court found no evidence of disobedience or restraint, dismissing the petition.
The contempt petition was dismissed as there was no evidence of disobedience or restraint.
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Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2727 of 2018
Applicant :- Chandra Gupta And 13 Others Opposite Party :- Bhawani Singh Khangaraut And 2 Other Counsel for Applicant :- Ajeet Kumar Singh,Surya Pratap Singh Parmar
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants.
This petition alleges disobedience of an interlocutory order passed in a pending writ petition in which a learned Single Judge was pleased to provide that the applicants shall be allowed to continue. This interim order was made taking into consideration the order passed on 3 April 2018 in Writ-A No. 9330 of 2018.
From a reading of the said order it appears that applicants herein were engaged through a service provider to discharge the work of Computer Operators. The sole allegation on which this petition is pressed [and as is evident from paragraph 30] is that the opposite party nos. 1 and 2 are not taking any action and they are lingering on the joining of the applicants.
On this assertion the Court finds no ground to initiate proceedings in contempt for the simple reason that there is no evidence that on the date when the order was passed by the High Court petitioners / applicants were continuing. Even otherwise it is not shown as to how the District Magistrate has restrained their functioning.
The Court finds no ground to entertain this petition which shall consequently stand dismissed .
Order Date :- 18.5.2018 NS
2 issues framed by the court
Whether a contempt application should be initiated for non-compliance of an interlocutory order in the absence of evidence regarding disobedience.
Whether the District Magistrate has restrained the functioning of the applicants.
Chandra Gupta And 13 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
