Madan Mohan Giri Vs Pratap Singh Baghel, Director of Education (Basic) U.P. and Another — Allahabad HC (2025) — LawSathi Research

Madan Mohan Giri Vs Pratap Singh Baghel, Director of Education (Basic) U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions in the pending contempt application: absence of opposite party no. 1 condoned; one month's further time granted to the opposite parties to ensure full compliance of the order passed by this Court; matter to be listed again on 11th March, 2025, on which date the opposite party shall either file a compliance affidavit indicating full compliance of the order passed by the Writ Court or be personally present in the Court for framing of charges.

Issue for consideration

Whether the opposite parties have complied with, or will ensure full compliance of, the orders passed by this Court in the writ petition and the Special Appeal, non-compliance whereof is the subject matter of the present contempt application. +2 more

Ratio / Principle

The order of the Court is to be complied with only because it is an order of the Court and does not require approval of the State Government.

Key takeaways

The different orders passed by this Court in the writ petition as well as in the Special Appeal are binding on all officers of the State Government, who are expected to ensure compliance of those orders; any non-compliance, whether because of negligence or deliberate obstruction by any officer of the State Government, would make the concerned officer liable to be prosecuted or punished in the present contempt application.obiter¶9

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Salil Kumar Rai, J.), Order dated 10.2.2025 in Contempt Application (Civil) No. 7229 of 2024 — Applicant: Madan Mohan Giri; Opposite Parties: Pratap Singh Baghel, Director of Education (Basic) U.P. and another. Subject matter: non-compliance of the orders passed by this Court in the underlying writ petition and Special Appeal, against which the Supreme Court dismissed the Special Leave Petition by order dated 06.02.2025. Pursuant to a previous order, the Standing Counsel filed affidavits of opposite party nos. 1 and 2; opposite party no. 2 was personally present and the absence of opposite party no. 1 was condoned. A letter dated 07.02.2025 from opposite party no. 1 to the Additional Chief Secretary, Basic Education, seeking State Government approval for compliance was noted. The Court granted one month's further time for full compliance and clarified that (i) the Court's order is to be complied with only because it is an order of the Court and does not require approval of the State Government, and (ii) the orders passed in the writ petition and the Special Appeal bind all officers of the State Government, any non-compliance by negligence or deliberate obstruction rendering the officer liable to prosecution or punishment in the contempt application. Listed again on 11th March, 2025, the opposite party to file a compliance affidavit evidencing full compliance of the Writ Court's order or be personally present for framing of charges.

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 7229 of 2024 Applicant :- Madan Mohan Giri Opposite Party :- Pratap Singh Baghel, Director Of Education (Basic) U.P. And Another

Counsel for Applicant :- Shivendu Ojha,Sneh Pandey,Sr. Advocate

Hon'ble Salil Kumar Rai,J.

In pursuance to the previous order passed by this Court, the Standing Counsel has filed the affidavits of opposite party nos. 1 and 2. The Opposite party no. 2 is personally present in the Court. In view of the facts stated in the affidavit of the opposite party no. 1, the absence of the opposite party no. 1 is condoned.

It has been stated in the affidavits that by order dated 06.02.2025, the Supreme Court has dismissed the Special Leave Petition filed against the orders of this Court, non-compliance of which is the subject matter of the present contempt application.

The opposite parties pray for and are granted one month's further time to ensure full compliance of the order passed by this Court.

A letter dated 07.02.2025 written by the opposite party no. 1 and addressed to the Additional Chief Secretary, Basic Education - Government of Uttar Pradesh has been annexed with the affidavits referred above seeking approval of the State Government for compliance of the order passed by this Court. It is clarified that the order of the Court is to be complied only because it is an order of the Court and does not require an approval of the State Government.

It is further clarified that different orders passed by this Court in the writ petition as well as in the Special Appeal are binding on all officers of the State Government and all officers of the State Government are expected to ensure compliance of the orders passed by this Court and any non-compliance, either because of negligence or deliberate obstruction by any officer of the State Government, would make the concerned officer liable to be prosecuted or punished in the present contempt application.

List again on 11th March, 2025 on which date the opposite party shall either file a compliance affidavit indicating full compliance of the order passed by the Writ Court or shall be personally present in the Court for framing of charges.

Order Date :- 10.2.2025/Vipasha

Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad