Nisha Singh Vs Ashish Kumar Singh District Basic Education Officer Distt. Bahraich — Allahabad HC (2025) — LawSathi Research

Nisha Singh Vs Ashish Kumar Singh District Basic Education Officer Distt. Bahraich — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondent's conduct constitutes disobedience of this Court's order dated 09.08.2024 passed in Writ-A No. 6349 of 2024 (which directed the District Basic Education Officer, Bahraich to take a final decision on the applicant's claim in the light of Writ-A No. 18228 of 2022, Tripurari Dubey), so as to make out a case of contempt. +1 more

Court's answer

Once the applicant's claim has been considered and rejected by passing a speaking and reasoned order, no case for contempt is made out.

Ratio / Principle

The respondent duly acted on the writ court's direction: in compliance of the order dated 09.08.2024 he passed the order dated 04.02.2025 rejecting the applicant's claim, and while rejecting it he also considered the judgement in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others).

Key takeaways

It remains open to the applicant to challenge the compliance order dated 04.02.2025 by filing a fresh writ petition on its own merit.obiter¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 21); Contempt Application (Civil) No. 4308 of 2024; Manjive Shukla, J.; decided 11.2.2025; neutral citation 2025:AHC-LKO:8833. Applicant Nisha Singh alleged disobedience of the writ court's order dated 09.08.2024 in Writ-A No. 6349 of 2024, which had directed the District Basic Education Officer, Bahraich (opposite party Ashish Kumar Singh) to take a final decision on her matter in the light of Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others). Two compliance affidavits followed (orders dated 04.12.2024 and 04.02.2025); the final compliance order rejected the applicant's representation for want of merit while considering the Tripurari Dubey judgement, and respondent's counsel added that no written order authorised the applicant to act as Headmaster. Held: once a claim is considered and rejected through a speaking and reasoned order, no case for contempt arises; contempt application dismissed; applicant left free to challenge the compliance order dated 04.02.2025 in a fresh writ petition on its own merit.

Neutral Citation No. - 2025:AHC-LKO:8833

Court No. - 21

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4308 of 2024

Applicant :- Nisha Singh Opposite Party :- Ashish Kumar Singh District Basic Education Officer Distt. Bahraich Counsel for Applicant :- Onkar Nath Singh Rathore

Hon'ble Manjive Shukla,J.

Heard Sri Onkar Nath Singh Rathore, learned counsel appearing for the applicant and Sri Kumar Ayush, learned counsel appearing for the respondent.

The instant contempt application has been filed alleging therein, the disobedience of the order dated 09.08.2024 passed by this Court in Writ-A No. 6349 of 2024 whereby, the writ petition had been disposed of with a direction to the District Basic Education Officer, Bahraich to take a final decision in the matter of the applicant in the light of the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others).

The compliance affidavit was filed by the respondent on 28.01.2025 wherein, a copy of the order dated 04.12.2024 was annexed and it was submitted that the representation submitted by the applicant has been decided pursuant to the order passed by the writ court.

Since, the Contempt Court was not satisfied with the order dated 04.12.2024 therefore, the counsel for District Basic Education Officer prayed for time and submitted that the District Basic Education Officer shall revisit his order.

Today, another compliance affidavit has been filed annexing therewith the order dated 04.02.2025 and it has been submitted that in compliance of the Writ Court's order dated 09.08.2024, the case of the applicant has been considered but since there was no merit in his case therefore, the representation has been rejected. Learned counsel appearing for the District Basic Education Officer has also submitted that there is no order in writing authorising the applicant to discharge the functions of the post of the Headmaster of the school.

I have considered the submissions advanced by the learned

counsel appearing for the parties and I find that the Writ Court vide its order dated 09.08.2024 issued a simple direction to decide the claim of the applicant in the light of the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others). The respondent, in compliance of the Writ Court's order dated 09.08.2024, had passed the order dated 04.02.2025 whereby, the claim of the applicant has been rejected and while rejecting the claim, the judgement rendered by this Court in Writ-A No. 18228 of 2022 (Tripurari Dubey & Anr. Vs. State of U.P. and others) has also been considered.

This Court is of the view that once the claim of the applicant has been considered and rejected by passing a speaking and reasoned order, no case for contempt is made out.

It is always open for the applicant to challenge the compliance order dated 04.02.2025 by filing fresh writ petition on its own merit.

In view of the above reasons, this contempt application is here by dismissed .

Order Date :- 11.2.2025 Anurag

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench