This court dismissed an application for contempt against the District Basic Education Officer, holding that no case for proceeding arises as no orders had been passed in the underlying case of the original petitioner.
No relief granted; the application was dismissed.
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Neutral Citation No. - 2024:AHC:136357
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5280 of 2024
Applicant :- Uma Shankar
Opposite Party :- Sri Ashish Kumar Pandey District Basic Education Officer Counsel for Applicant :- Dheeraj Kumar Maurya,Narendra Kumar
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present application has been filed pleading disobedience of the order dated 8.2.2024 passed by this Court in Writ - A No. 13689 of 2023.
The order dated 8.2.2024 was passed quashing the order dated 12.4.2019 passed in the case of one Km. Arti and the matter was remitted back to the District Basic Education Officer to pass fresh orders in accordance with law after giving an opportunity of hearing to the aforesaid Km. Arti within a period of two months from the date of production of a certified copy of the order. The order dated 12.4.2019 was passed cancelling the appointment of the aforesaid Km. Arti. The present applicant claimed appointment in place of Km. Arti and the claim of the applicant was rejected by order dated 25.7.2023 which was also quashed. The claim of the applicant arises only after the appointment of Km. Arti as Headmistress stands cancalled.
There is no averment in the affidavit that no orders have been passed in the case of Km. Arti who was the petitioner in Writ - A No. 9912 of 2019.
In view of the aforesaid, no case for proceeding under contempt arises to be considered, at this stage.
No ground for contempt is made out.
The application is dismissed .
Order Date :- 27.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a contempt proceeding is maintainable when there is no evidence that orders were passed in the underlying writ matter.
Uma Shankar
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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