Partly allowed

Ram Sajeevan Tiwari v. Shri Satish Singh, Joint Director of Education, Ayodhya and Another

Allahabad HC23 May 2024CAPL/2129/2024

Case brief

AI extract

What is this about?

The High Court disposed of a contempt application by granting the respondent's prayer for deferment of proceedings. The court noted the applicant failed to establish active service while seeking regularization and listed the case for future dates.

What did the court decide?

Prayer for deferment of contempt proceeding allowed; case listed for first week of October 2024.

Ram Sajeevan Tiwari vs Shri Satish Singh, Joint Director… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2129 of 2024

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Applicant :- Ram Sajeevan Tiwari Opposite Party :- Shri Satish Singh, Joint Director Of Education, Ayodhya And Another Counsel for Applicant :- Pawan Kumar Pandey

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Hon'ble Rajeev Singh,J.

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On 20.08.2024, following order was passed:

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"1. On 23.05.2024 and 25.07.2024, following orders were passed: 23.05.2024

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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 28.03.2024 passed by this Court in Writ-A No. 2532 of 2024 has been wilfully defied by the respondents.

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3. Let notices be issued to the respondents within a week to show cause as to why they 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 contemnors.

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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 25.07.2024 as fresh. "

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25.07.2024

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"(C.MA. No.Nil/2024) 1. This is an application to implead "Mr. Yogendra Kumar Singh, Joint Director of Education, Ayodhya Mandal, Ayodhya" as opposite party No.3 in the array of the parties.

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2. In view of the above, application for impleadment is allowed.

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3. Learned counsel for the applicant is directed to carry out necessary impleadment in the array of the parties. Order on Contempt Application.

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4. List this case on 20.8.2024.

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5. By the next date of listing, respondent no.3 is directed to file affidavit of compliance, failing which, he shall appear before this Court. "

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2. Today, short counter affidavit has been filed by Shri Mohit Johri, learned counsel for respondents duly sworn in by respondent no.3- Shri Yogendra Kumar Singh, Joint Director of Education, Ayodhya which is taken on record. He has submitted that order is to be complied with by respondent no.2- Shri Rajesh Kumar Arya, District Inspector of Schools, Ayodhya and respondent no.3 has no concern with the same. He further submitted that on 19.07.2024, a letter was written by respondent no.2 addressing to learned Chief Standing Counsel with the request of grant of time for making compliance of the direction of the Writ Court.

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3. List this case on 03.09.2024.

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4. On the next date, affidavit of compliance be filed, failing which, respondent no.2 shall appear in person before this Court. "

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Today, application for deferment of contempt proceeding has been filed by respondent no.2 on the ground that services of the applicant was dispensed with in pursuance of the order dated

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09.11.2023 and the said order was challenged in the Writ A No.520 of 2024 but there is no stay order in the aforesaid petition, in the meantime, applicant filed representation for regularization which was also rejected on 03.02.2024.

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Learned counsel for the applicant has himself argued that after 09.11.2023, no salary has been paid to the applicant. He is also unable to show the pleading that the applicant was working when he moved representation for regularization. He has requested for some time to file reply to the objection to the application filed today.

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The prayer made is allowed.

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List this case on in the first week of October, 2024.

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Order Date :- 3.9.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Ram Sajeevan Tiwari v. Shri Satish Singh, Joint Director of Education, Ayodhya and Another

Case brief

What is this about?

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Ram Sajeevan Tiwari v. Shri Satish Singh, Joint Director of Education, Ayodhya and Another

Case brief

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