Ravi Kumar and 2 Others vs Rakesh Kumar Singh District Basic Education Officer — Allahabad HC (2025) — LawSathi Research

Ravi Kumar and 2 Others vs Rakesh Kumar Singh District Basic Education Officer — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim compliance directions in the contempt proceedings (application kept pending for further hearing on 15.4.2025): (i) the Finance & Accounts Officer (Basic Education), District-Aligarh and the District Basic Education Officer, Aligarh were directed to be personally present in Court on the next date fixed and to file compliance affidavits showing full compliance of the order dated 8.5.2024, failing which charges shall be framed against the concerned officer on the next date; (ii) the Registrar (Compliance) was directed to send a copy of the order to the Finance & Accounts Officer (Basic Education), District-Aligarh within 24 hours.

Issue for consideration

Whether State officers who were not the original addressees of the Court's order — here, the Finance & Accounts Officer (Basic Education), District-Aligarh — are nonetheless bound to comply with the order dated 8.5.2024 passed by this Court. +1 more

Court's answer

Any order passed by this Court is binding on all State officers, because the order is against the State as such and not merely against the named addressee officer.

Ratio / Principle

The Finance & Accounts Officer (Basic Education), District-Aligarh is also bound by the order dated 8.5.2024 passed by this Court and is required to comply with it.

Key takeaways

Any obstruction by the Finance & Accounts Officer (Basic Education) or any other officer in compliance of the Court's order amounts to Contempt of this Court, for which the concerned officers are liable to be prosecuted and punished in Contempt.ratio¶6
The order of this Court does not require approval of any State authority for compliance.ratio¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Salil Kumar Rai, J.), order dated 24.3.2025 in CONTEMPT APPLICATION (CIVIL) No. - 718 of 2025, Ravi Kumar and 2 others v. Rakesh Kumar Singh, District Basic Education Officer (Aligarh). A compliance affidavit filed by the Standing Counsel disclosed that, although the District Basic Education Officer, Aligarh had passed appropriate orders for payment of the applicants' salary pursuant to the Court's earlier order dated 8.5.2024, the payment was obstructed at the level of the Finance & Accounts Officer (Basic Education), District-Aligarh. The Court held that any order passed by it is binding on all State officers because the order is against the State as such; hence the Finance & Accounts Officer is equally bound by the order dated 8.5.2024 and required to comply; obstruction of compliance by him or any other officer amounts to Contempt of this Court rendering the officers concerned liable to prosecution and punishment; and compliance of the Court's order requires no approval of any State authority. The Finance & Accounts Officer and the District Basic Education Officer were directed to be personally present in Court on the next date (fixed as 15.4.2025) and file affidavits evidencing full compliance of the order dated 8.5.2024, failing which charges would be framed against the concerned officer on the next date; the Registrar (Compliance) was directed to transmit a copy of the order to the Finance & Accounts Officer within 24 hours.

Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 718 of 2025 Applicant :- Ravi Kumar And 2 Others Opposite Party :- Rakesh Kumar Singh District Basic Education Officer Counsel for Applicant :- Prabhakar Awasthi,Sarthak Ahuja

Hon'ble Salil Kumar Rai,J.

In pursuance to the previous order passed by this Court, the Standing Counsel has filed a compliance affidavit of the District Basic Education Officer, Aligarh disclosing that appropriate orders have been passed by the District Basic Education Officer, Aligarh for payment of salary to the applicants in compliance of the order passed by this Court. However, a perusal of the affidavit also discloses that the payment has been obstructed at the level of the Finance & Accounts Officer (Basic Education), District-Aligarh.

As noted by this Court in several orders that any order passed by this Court is binding on all State officers as the order is against the State as such.

In view of the aforesaid, the Finance & Accounts Officer (Basic Education), District-Aligarh is also bound by the order dated 8.5.2024 passed by this Court and is required to comply with the same.

Any obstruction by the Finance & Accounts Officer (Basic Education) or any other officer in compliance of the order passed by this Court amounts to Contempt of this Court for which the concerned officers are liable to be prosecuted and punished in Contempt.

It is also clarified that the order of this Court does not require approval of any State authority for compliance.

In view of the aforesaid, it is directed that the Finance & Accounts Officer (Basic Education), District-Aligarh and the District Basic Education Officer, Aligarh shall be personally present in the Court on the next date fixed and shall file a compliance affidavit showing full compliance of the order dated 8.5.2024 passed by this Court failing which charges shall be framed against the concerned officer on the next date fixed.

The Registrar (Compliance) shall send a copy of this order to the Finance & Accounts Officer (Basic Education), DistrictAligarh within 24 hours.

List again on 15.4.2025 .

Order Date :- 24.3.2025/Anurag/-

Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad