Rohit Saroj vs Sri Surendra Nath Tiwari, Superintendent of Police, Karmik Police, Lko. — Allahabad HC (2025) — LawSathi Research

Rohit Saroj vs Sri Surendra Nath Tiwari, Superintendent of Police, Karmik Police, Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether pendency of Special Appeal (Defective) No. 114 of 2024 — filed against the writ court order with a delay not condoned — is a valid ground for non-compliance with the writ court order and for deferment of the contempt application. +1 more

Court's answer

Mere pendency of the special appeal against the writ court order — filed with a delay not condoned — cannot be construed as a valid ground for non-compliance with the writ court order, particularly as there is no impediment to compliance; the ground is fallacious and misconceived and stands rejected.

Ratio / Principle

The mandamus to offer compassionate appointment was issued to the respondent contemnor himself; no application for correction of the writ court order having been moved, the writ order continues to stand good and the respondent is required to comply with it; the contention that he is not the competent authority is misconceived and rejected.

Key takeaways

Both grounds urged by the respondents for non-compliance with the writ court order were found fallacious, misconceived and were accordingly rejected.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HC (LUCKNOW BENCH), Abdul Moin, J. — Contempt Application (CIVIL) No. 1239 of 2024, decided 18.09.2025. Applicant Rohit Saroj's contempt application seeks compliance with the writ court's order dated 17.10.2023 in Writ A No. 102 of 2022, which quashed the rejection (order dated 16.12.2021 passed by the Superintendent of Police (Karmik), U.P. Police Headquarters, Lucknow) of his compassionate appointment and commanded the respondent to offer compassionate appointment as per his eligibility; compliance remained outstanding. Application for deferment (I.A. No. NIL of 2025) REJECTED. Held: (i) mere pendency of Special Appeal (Defective) No. 114 of 2024 — filed by the respondents against the writ court order with a delay not condoned — cannot be a valid ground for non-compliance where there is no impediment to compliance; (ii) the mandamus was issued to the respondent contemnor (SP, Karmik) himself and, as no application for correction of the writ court order has been moved, the order continues to stand good and the respondent is required to comply. Both grounds urged were found 'fallacious, misconceived and accordingly rejected'. Case listed on 13.10.2025 for framing of charges; the respondent contemnor directed to appear in person on that date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1239 of 2024

Rohit Saroj

.....Applicant(s)

Versus

Sri Surendra Nath Tiwari, Superintendent Of Police, Karmik Police, Lko.

Police, Karmik Police, Lko. .....Opposite Party(s) Counsel for Applicant(s) : Ajay Pratap Singh, Ram Krishna Pratap Singh Counsel for Opposite Party(s) :

Court No. - 4

HON'BLE ABDUL MOIN, J.

Application for deferment of contempt application filed today is taken on record.

(I. A. No. NIL of 2025)

In pursuance of order of this Court dated 28.8.2025 an application for deferment of contempt application has been filed. The compliance affidavit has not been filed. Ms Amrita Mishra, Superintendent of Police (Establishment) is present.

The order of writ court dated 17.10.2023 was passed in Writ A No. 102 of 2022 whereby the order rejecting the compassionate appointment of the petitioner vide order dated 16.12.2021 as had been passed by the Superintendent of Police (Karmik), U.P. Police Headquarters, Lucknow was quashed with a further direction commanding the said respondent to offer compassionate appointment to the petitioner as per his eligibility.

The said order has still not been complied till date.

Learned Standing Counsel on the basis of the averments contained in the deferment application duly supported with an affidavit states that the order passed by the writ court could not be complied on account of two grounds namely (a) that Special Appeal (Defective) No. 114 of 2024 has been filed raising a challenge to the order passed by the writ court which is still pending for consideration and (b) that the respondent contemnor is not the competent authority to comply with the order passed by the writ court rather it is the Superintendent of Police of the concerned district and the police recruitment board and the contemnor has no role in the matter.

Both the aforesaid grounds as urged by the respondents are found to be

CAPL No. 1239 of 2024

2

fallacious, misconceived and accordingly rejected.

The reason is that the judgement passed by the writ court is of 17.10.2023 and a period of almost two years have lapsed since the order of the writ court. The special appeal which has been filed by the respondents against the order of the writ court has been filed with a delay which delay has also not been condoned till date as fairly stated by the learned Standing Counsel. Thus mere pendency of the special appeal cannot be construed to be a valid ground for non compliance of the order passed by the writ court more particularly when there is no impediment in the said compliance.

So far as the ground (b) is concerned, perusal of the order passed by writ court would indicate that after the writ court had quashed the rejection order that had been by the Superintendent of Police (Karmik), Lucknow, a mandamus was issued to the said respondent (the contemnor herein) to offer appointment to the petitioner. It is not the case of the respondent that an application for correction of the said order as passed by the writ court has been moved indicating that the respondent contemnor is not the competent authority and as such till such time the order of the writ court continues to stand good, the respondent is required to comply with the order.

Keeping in view aforesaid discussion, the application for deferment is rejected.

List this case on 13.10.2025 for framing of charges.

On the said date the respondent contemnor present today shall appear in person.

(Abdul Moin,J.)

September 18, 2025

J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench