Ram Krishna Tripathi and Another Vs Deepak Kumar, Prin. Secy. Secondary Education, U.P. Civil Secrtt., Lko. — Allahabad HC (2025) — LawSathi Research

Ram Krishna Tripathi and Another Vs Deepak Kumar, Prin. Secy. Secondary Education, U.P. Civil Secrtt., Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer of Shri Mohit Johri, learned counsel for the opposite party, for some more time to file affidavit of compliance allowed; matter to be listed on 09.05.2025 within top ten cases. No final adjudication of the contempt application in this order.

Issue for consideration

Whether, while taking the decision vide Government Order dated 14.09.2024 disposing of the applicant's representation, Government Order dated 24.01.1974 was duly considered, as directed by the Division Bench order dated 20.09.2023 in Special Appeal (Defective) No. 633 of 2023.

Court's answer

Prima facie, although the Division Bench of this Court, vide order dated 20.09.2023, had categorically directed the State Government to consider the applicant's representation in light of Government Order dated 24.01.1974, the compliance order dated 14.09.2024 does not refer to that Government Order at all; this is a tentative interim finding pending instructions and the affidavit of compliance, not a final adjudication of the contempt allegation.

Detailed headnote1 paragraphs

Interim order in Contempt Application (Civil) No. 3354 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench, Hon'ble Rajeev Singh, J.; Order Date 30.4.2025). Applicant Ram Krishna Tripathi and another allege that the State Government, in disobedience of the Division Bench order dated 20.09.2023 in Special Appeal (Defective) No. 633 of 2023, disposed of his representation vide Government Order dated 14.09.2024 without referring to Government Order dated 24.01.1974, as directed. On 10.02.2025 the Court prima facie found that the compliance order did not refer to Government Order dated 24.01.1974 at all and directed the Standing Counsel to take instructions on the point. Successive hearings allowed the opposite party (Deepak Kumar, Prin. Secy. Secondary Education, U.P. Civil Secrtt., Lko.) time to file an affidavit of compliance, the latest prayer of Shri Mohit Johri being allowed, and the case is listed on 09.05.2025 within top ten cases. The contempt allegation remains unresolved in this order.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3354 of 2024

Applicant :- Ram Krishna Tripathi And Another Opposite Party :- Deepak Kumar, Prin. Secy. Secondary Education, U.P. Civil Secrtt., Lko. Counsel for Applicant :- Ravindra Kumar Ravi,Som Kartik Shukla

Hon'ble Rajeev Singh,J.

On 11.04.2025, following order was passed:

"1. On 10.02.2025, following order was passed. "Heard learned counsel appearing for the applicant and the learned Standing Counsel appearing for opposite party.

It has been contended on behalf of the applicant that the Division Bench of this Court while passing the order dated 20.09.2023 in Special Appeal (Defective) No. 633 of 2023 had categorically directed that the State Government, while considering the representation made by the applicant, shall duly consider the grievance of the applicant in light of the Government Order dated 24.01.1974. It has further been contended that the authorities of the State Government in sheer disobedience of the order dated 20.09.2023 has disposed of the representation filed by the applicant vide Government Order dated 14.09.2024 wherein, what to say of the consideration of grievance of the applicant in light of the Government Order dated 24.01.1974, even the Government Order dated 24.01.1974 has not been referred. The order dated 14.09.2024 is in clear defiance of the order dated 20.09.2023 passed by this Court.

I have considered the submissions advanced by the learned counsel for the applicant and prima facie, I find that the Division Bench of this Court, vide order dated 20.09.2023, had categorically directed the State Government to consider the representation of the applicant in light of the Government Order dated 24.01.1974 but the said government order has not been referred at all in the compliance order dated 14.09.2024.

Learned Standing counsel appearing for the opposite party at this juncture prays for time to take instructions in the matter. Accordingly, list this matter on 25th February 2025, within top 10 cases. Learned Standing Counsel is directed to take instructions, as to whether while taking decision in the matter vide the Government Order dated 14.09.2024, the Government Order dated 24.01.1974 has been considered or not."

2. Shri Sunil Bajpayee, learned Additional Chief Standing Counsel prays for some more time to file affidavit of compliance in terms of the Government Order dated 29.01.1974.

3. Prayer made is allowed.

4. List this case on 30.04.2025 within top 10 cases. "

Shri Mohit Johri, learned counsel for the opposite party prays for some more time to file affidavit of compliance.

The prayer made is allowed.

List this case on 09.05.2025 within top ten cases. Order Date :- 30.4.2025 V. Sinha

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