Disposed

Akhand Prakash Tripathi v. Shri Deepak Kumar, Addl. Chief Secy. Deptt. of Secondry Education U.P., and Others

Allahabad HC14 Aug 2024CAPL/2012/2024

Case brief

AI extract

What is this about?

Contempt application alleging disobedience of a writ court order dated 23.02.2023 in Writ-A No. 7696 of 2012. The Court rejected the respondents' request to defer proceedings pending a special appeal, noting no stay was granted, and directed the non-compliant respondents to appear for framing of charges.

What the court decided

AI extract

Akhand Prakash Tripathi vs Shri Deepak Kumar, Addl… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2012 of 2024

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Applicant :- Akhand Prakash Tripathi Opposite Party :- Shri Deepak Kumar, Addl. Chief Secy. Deptt. Of Secondry Education U.P., And Others Counsel for Applicant :- Pranshul Tripathi,Sumedha Sen,Umang Rai

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Hon'ble Manish Kumar,J.

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Learned State counsel has submitted that the present contempt application may be deferred as the Special Appeal is pending.

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On the other hand, learned counsel for the applicant has submitted that even the delay in filing the Special Appeal has not been condoned till date, therefore, the judgment and order dated 23.02.2023 is still operating. He has also drawn the attention of this Court towards the order dated 27.08.2024. For convenience, the same is quoted hereinbelow:-

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"1. On 18.07.2024 and 14.08.2024, following orders were passed:

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18.07.2024

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1. Heard.

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2. Mr. Rajesh Kumar Arya, D.I.O.S., Ayodhya filed application for grant of time, in which, it is informed that as special appeal is being preferred against the order passed by the Writ Court, contempt proceeding may be deferred.

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3. As a matter of fact, the contempt proceeding cannot be deferred only on the ground that special appeal is being preferred against the order of the Writ Court. Accordingly, application for deferment filed by respondent no.3 is hereby rejected.

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4. List this case on 14.08.2024.

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5. By the next date of listing, respondent no.3 shall file affidavit of compliance, failing which, he shall appear in person before this Court for framing of charge.

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14.08.2024

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"1. Heard.

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2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 23.02.2023 passed in Writ-A No. 7696 of 2012.

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3. On 15.05.2024 and 18.07.2024 following orders were passed:-

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Order dated 15.05.2024:-

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"1. Heard learned counsel for the applicant.

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2. Learned counsel for the applicant submits that the order dated 23.02.2023 passed by this Court in Writ-A No. 7696 of 2012 has been wilfully defied by the respondents.

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3. Let notice be issued to the respondent no.3 within a week to show cause as to why he should not be punished for wilfull disobedience of the directions of this Court, returnable within two weeks failing which the charges may be framed after summoning the contemnor.

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4. Office is directed to send a copy of this order along with the notice.

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5. List this case on 18.07.2024 as fresh."

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Order dated 18.07.2024:-

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"1. Heard.

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4. List this case on 14.08.2024.

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5. By the next date of listing, respondent no.3 shall file affidavit of compliance, failing which, he shall appear in person before this Court for framing of charge."

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4. In pursuance of aforesaid order, respondent no.3- Mr. Rajesh Kumar Arya, District Inspector of Schools, Ayodhya is present today before this Court.

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5. Sri Mohit Jauhari, learned Standing Counsel appearing for respondent no.3 informs that the order of the Writ Court has been challenged in a special appeal which has been filed in the Registry yesterday along with delay condonation application, and the said special appeal is listed on 20.08.2024, therefore, the present case may be listed after 20.08.2024.

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6. Accordingly, list this case on 27.08.2024 at 11:30 A.M. in terms of earlier order dated 18.07.2024. "

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2. In compliance of the aforesaid orders, in place of compliance affidavit, application for grant of time has been filed by respondent no.2 on the ground that order of Writ Court is under challenge before the Division Bench in Special Appeal Defective No.458/2024 and the same was listed today and the order was passed for listing the special appeal after two weeks.

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3. It is evident that admittedly, there is no stay order passed by the Division Bench, therefore, mere pendency of special appeal is not a ground of deferment. Accordingly, the application for grant of time filed today is hereby rejected.

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4. List this case on 06.09.2024.

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5. On the next date, affidavit of compliance be filed, failing which, charge shall be framed against the respondents."

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After the perusal of the aforesaid order, the present contempt case cannot be deferred and as the respondent Nos.2 & 3 have not filed any compliance affidavit, they shall appear on the next date of listing for framing of charges for non-compliance of judgment and order dated 23.02.2023.

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List this case on 19.12.2024.

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(Manish Kumar,J.)

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Order Date :- 4.12.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Akhand Prakash Tripathi v. Shri Deepak Kumar, Addl. Chief Secy. Deptt. of Secondry Education U.P., and Others

Case brief

What is this about?

What the court decided

Akhand Prakash Tripathi v. Shri Deepak Kumar, Addl. Chief Secy. Deptt. of Secondry Education U.P., and Others

Case brief

What is this about?

What the court decided

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