Contempt application over non-compliance with a writ court order regarding the applicant's service records; explanation rejected and notice issued to the District Inspector of Schools.
Notice issued to opposite party to answer why contempt proceedings should not be initiated
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7293 of 2024
Applicant :- Shiv Dev Singh Opposite Party :- Sri Raj Kumar Dixit (Incharge) District Inspector Of Schools
Counsel for Applicant :- Rajeshwar Prasad Sinha
Hon'ble Salil Kumar Rai,J.
In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions from the District Inspector of Schools, Mirzapur and on the basis of his instructions states that the order passed by the Writ Court could not be complied as the Principal and the Manager of the Committee of Management of the institution are not sending the relevant service records relating to the applicant which are necessary for passing appropriate orders in compliance of the order passed by the Writ Court.
The explanation is not accepted as under the relevant statutory rules, the District Inspector of Schools, Mirzapur and the other Senior Education Authorities are empowered to take necessary action against the Manager of the Committee of Management and the Principal of the Institution. It is not for this Court to specify the steps which the District Inspector of Schools, Mirzapur and the other Senior Education Authorities can take against the aforesaid persons to ensure compliance of the order passed by this Court.
Let notice be issued to the to the District Inspector of Schools, Mirzapur fixing 13.12.2024 to answer as to why contempt proceedings should not be initiated against him for violation of the order passed by this Court.
Steps shall be taken by the applicant within 24 hours.
The office shall ensure that the notice be served upon opposite party by 11.12.2024.
List again in the additional cause list on 13.12.2024 on which date, the District Inspector of Schools, Mirzapur shall be personally present in the Court.
The Registrar (Compliance) shall send a separate notice of
the present order to the District Inspector of Schools, Mirzapur within 24 hours for necessary compliance.
Order Date :- 3.12.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the explanation for non-compliance with the Writ Court's order by the District Inspector of Schools, Mirzapur should be accepted.
Shiv Dev Singh
Sri Raj Kumar Dixit (Incharge) District Inspector of Schools
Salil Kumar Rai
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
