Dismissed

Smt. Poonam Shanker v. Ravendra Singh Baghel, District Inspector of Schools-Ii, Lko. and Another

Allahabad HC31 Aug 2024CAPL/497/2024

Case brief

AI extract

What is this about?

Contempt application alleging defiance of a Division Bench order directing consideration of all eligible candidates for promotion to lecturer. The court found the order had been complied with, as the seniority list showed Alka as the suitable candidate, and dismissed the application.

What the court decided

AI extract

Smt. Poonam Shanker vs Ravendra Singh Baghel, District… — Contempt of Court | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:62451

¶2

Court No. - 17

¶3

Case :- CONTEMPT APPLICATION (CIVIL) No. - 497 of 2024

¶4

Applicant :- Smt. Poonam Shanker Opposite Party :- Ravendra Singh Baghel, District Inspector Of Schools-Ii, Lko. And Another Counsel for Applicant :- Nagendra Bahadur Singh Counsel for Opposite Party :- Rajesh Kumar Srivastava,Ambuj Kumar

¶5

Hon'ble Rajeev Singh,J.

¶6

Rejoinder affidavit to the counter affidavit filed by learned counsel for the applicant is taken on record.

¶7

Heard learned counsel for the applicant, Shri Mohit Johri, learned counsel for the opposite party no.1 as well as Shri R.K. Srivastava, learned counsel for the opposite party no.2.

¶8

The present application has been filed with the prayer to summon and prosecute the opposite parties for willful and deliberate defiance of order dated 23.02.2023 in Special Appeal No.53 of 2023 in re; Smt. Poonam Shanker Vs. State of U.P. and 3 Ors.

¶9

Learned counsel for the applicant submits that the applicant was promoted on the post of lecturer but her promotion order was challenged by one Alka in Writ A No.27558 of 2021 which was allowed on 18.01.2023 by setting aside the promotion order of applicant and the authorities were directed to promote Alka on the post of lecturer. Thereafter, said order was challenged in Special Appeal No.53 of 2023 which was disposed of on 23.02.2023 with a direction to the authorities to consider all eligible candidates for promotion of the lecturer and said exercise be done within a period of two months from the date of production of certified copy of the order. He further submits that as per the rule as well as direction of the Division Bench in the aforesaid special appeal, the case of the applicant as well as other eligible candidates was not considered by the competent authority. He further submits that the applicant is in the seniority list but he has not been promoted, therefore, opposite parties have committed violation of the direction given by the Division Bench on 23.02.2023 and they should be summoned and punished accordingly.

¶10

Shri Mohit Johri, learned counsel for the opposite party no.1

¶11

and Shri R.K. Srivastava, learned counsel for the opposite party no.2 jointly submit that it is undisputed fact that in the seniority list, the applicant is at serial no.2 and undisputed seniority list was forwarded by the Committee to the District Inspector of Schools and after considering the aforesaid undisputed seniority list, promotion order was considered, thereafter, formal order was passed. They further submit that in the seniority list, Alka was found most suitable candidate, therefore, there was no occasion to consider any other candidate. In such circumstances, no contempt proceeding may be initiated against the opposite parties.

¶12

Considering the submission of learned counsel for the parties, going through the contents of application as well as other relevant documents, it is evident that the order passed by the Division Bench has already been complied with as it is undisputed fact that according to the seniority list, Alka was found suitable for the promotion, therefore, no contempt is made out against the opposite parties.

¶13

Accordingly, the present contempt application is hereby dismissed.

¶14

Order Date :- 10.9.2024 V. Sinha

¶15

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

Smt. Poonam Shanker v. Ravendra Singh Baghel, District Inspector of Schools-Ii, Lko. and Another

Case brief

What is this about?

What the court decided

Smt. Poonam Shanker v. Ravendra Singh Baghel, District Inspector of Schools-Ii, Lko. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rakesh Kumar Tripathi Vs Sri Abhishek Kumar Agrawal, Superintendent of Police Raibareli and Others

Akbal Husain Vs Sri Arvind Tripathi, Deputy Collcetor (Judicial), Tehsil Alapur, Ambedkar Nagar

M/S. Indira Enterprises Thru. Its Proprietor Ramshankar Vs Smt. Aditi Sharma, Director, Nawab Wazid Ali Shah Zoological Garden Lko.

Awadhesh Kumar vs Smt. Reeta Singh, District Inspector of School, Amethi and Another

Sanjiv Kumar Singh vs Sri Dr. Mahendra Deo, Director, Secondary Education, Prayagraj and Another

Vimla Arora vs Shri Anupam Gupta, Managing Director, U.P. Forest Corporation, Lko.