Arun Kumar Singh vs Shri Deepak Kumar, Principal/Additional Secretary(Secondary Education) and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CONTEMPT APPLICATION (CIVIL) No. - 2580 of 2025

Arun Kumar Singh

.....Applicant(s)

Versus

Shri Deepak Kumar, Principal/Additional Secretary(Secondary Education) And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Anil Kumar Yadav Counsel for Opposite Party(s) :

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Court No. - 1

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HON'BLE NEERAJ TIWARI, J.

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Heard learned counsel for the applicant and Sri Ajit Kumar Singh, learned Senior Counsel/Additional Advocate General along with Sri Brijesh Kumar, learned standing counsel for opposite parties.

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Contempt Application (Civil) No. 2521 of 2025 was heard on 06.08.2025 and Court has passed following order;

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"1. Heard learned counsel for the applicant and Sri Brijesh Kumar, learned standing counsel for State.

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2. Case was heard on 30.07.2025 and Court has passed following order;

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"Heard learned counsel for the applicant and learned Standing Counsel for the opposite party.

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Pursuant to order dated 26.05.2025, Sri Vinod Krishna, Deputy Director of Education(Secondary) Gorakhpur Region, Gorakhpur-opposite party no. 2 is present before the Court and filed his affidavit, which is taken on record.

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It is informed that against the order of Writ Court dated 22.05.2024 passed in Writ A No. 5859 of 2024, Special Appeal has been filed which is likely to be heard on 05.08.2025, therefore, this case may be posted on 06.08.2025.

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On his request, list this case on 06.08.2025.

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In case interim order is not granted in the Special Appeal, Sri Vinod Krishna, Deputy

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CAPL No. 2580 of 2025

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Director of Education(Secondary) Gorakhpur Region, Gorakhpur-opposite party no. 2 shall filed compliance affidavit indicating the full compliance of the order of Writ Court, failing which he shall again be present before this Court to initiate contempt proceeding."

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3. Pursuant to order dated 30.07.2025, Vinod Krishna, Deputy Director of Education (Secondary) Gorakhpur Region, Gorakhpur-opposite party no. 2 is present before the Court.

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4. Today, learned standing counsel submitted that due to paucity of time, appeal could not be taken up, therefore, some further time may be granted.

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5. Learned counsel for the applicant seriously objected the submission of learned standing counsel and submitted that by the judgement of Apex Court in the matter of Dr. H. Phunidre Singh and others Vs. K.K. Sethi and another; 1998 8 SCC 640, hearing of contempt application cannot be deferred due to pendency of Special Appeal.

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6. At this stage, after seeking instruction from Vinod Krishna, Deputy Director of Education(Secondary) Gorakhpur Region, Gorakhpur- opposite party no. 2 before the Court, learned standing counsel stated at the bar that three weeks time may be granted to comply the order of Writ Court.

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7. On his request, list this case on 27.08.2025.

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8. On the next date, Vinod Krishna, Deputy Director of Education(Secondary) Gorakhpur Region, Gorakhpur- opposite party no. 2 is directed to file affidavit indicating full compliance of order of Writ Court, failing which, he shall remain present before the Court for framing of charges."

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This petition was listed on 07.08.2025 and relying upon the order dated 06.08.2025 passed in Contempt Application (Civil) No. 2521 of 2025, Court has passed following order:-

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"Heard learned counsel for the applicant and learned Standing Counsel for the Opposite parties.

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Pursuant to the order of this Court dated 29.7.2024, Sri Vinod Krishan, Deputy Joint Director (Secondary) Gorakhpur, 7th Region, Gorakhpur-opposite party no.2 is

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CAPL No. 2580 of 2025

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present before this Court.

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On the request of learned Standing Counsel, list this case on 27.8.2025 in terms of order dated 6.8.2025 passed in Contempt Application (Civil) No.2521 of 2025."

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Pursuant to order dated 07.08.2025, opposite party no. 2- Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur-opposite party no. 2 is present before the Court and filed affidavit, which is taken on record.

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Based upon affidavit, learned standing counsel submitted that against the order of Writ Court, special appeal is filed , which is listed today and further in SLP, date of 29.08.2025 is fixed, but it is undisputed that in light of statement given before this Court, order of Writ Court has yet not been complied been.

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In the circumstances, Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur is charged with the following charges : -

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"You, Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur are hereby charged of having violated and willfully disobeyed the order dated 30.05.2024 passed by this Court in Writ A No. 7626 of 2024. You, therefore, show cause within two weeks why you should not be tried and punished under Section 12 of Contempt of Courts, Act, 1971 for deliberate and willful violation of order dated 30.05.2024 passed by this Court in Writ A No. 7626 of 2024."

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The reply shall be filed within two weeks from today.

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List again on 10.09.2025 for further proceedings on which date, the opposite party no. 2 shall again be personally present in the Court.

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As noted earlier, Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur is present in the Court today and the charge has been framed in his presence. However, the Registrar (Compliance) shall send a copy of this order to Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur within 24 hours by electronic mode.

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CAPL No. 2580 of 2025

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However, Vinod Krishna, Deputy Joint Director of Education (Secondary) Gorakhpur 7th Region, Gorakhpur is given liberty to comply the order of Writ Court dated 30.05.2024 passed by this Court in Writ A No. 7626 of 2024 on or before the next date.

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(Neeraj Tiwari,J.)

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August 27, 2025

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Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad

Arun Kumar Singh v. Shri Deepak Kumar, Principal/Additional Secretary(Secondary Education) and 2 Others

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Arun Kumar Singh v. Shri Deepak Kumar, Principal/Additional Secretary(Secondary Education) and 2 Others

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