B.K.Rathi, J. - (1.) This is a petition under Sections 11 and 12 of the Contempt of Courts Act to punish the opposite parties for violating the order dated 11.10.1999 passed in Civil Misc. Writ Petition No. 43646 of 1999. Dr. K. M. Srivastava v. State of U. P. and others.
(2.) I have heard Sri Shailendra, learned counsel for the petitioner and Sri O. P. Singh, learned counsel for opposite party No. 2 and the learned standing counsel and have gone through the affidavits.
(3.) The facts giving rise to this petition are as follows : The petitioner was appointed as Co-operative Inspector Group-I on 24.9.1980. He cleared the departmental examination within one year and became eligible for promotion to the post of Assistant Registrar, Cooperative. That an ad-hoc selection was organised on 15.10.1988 and certain persons were selected. The petitioner was not promoted. The petitioner, therefore. challenged the ad-hoc promotion in Civil Misc. Writ Petition No. 31874 of 1990. In that writ petition on 16.7.1992. this Court issued interim mandamus directing the opposite parties to consider the case of the petitioner for promotion on the post of Assistant Registrar. Co-operative Societies. Thereafter a list was issued on 18.2.1997 and the petitioner was promoted on the said post, but he was not promoted with effect from 13.2.1989, when he became eligible. However, the petitioner joined the post on 1.3.1997. Thereafter, on the request of the petitioner he was transferred by an order dated 28.8.1997 from Azamgarh to Allahabad on the post of Additional District Assistant Registrar, Cooperative Societies, Allahabad. The petitioner took charge on that post on 13.9.1997. The petitioner also filed Contempt Petition No. 2308 of 1993 and by an order dated 16.4.1998 opposite party No. 2, who was the Registrar, Co-operative Societies, was directed to appear in person in the Court. Opposite party No. 2, therefore, prejudiced, and only thirteen days after his appearance in the Court, on 14.4.1998 he transferred the petitioner from Allahabad to Tehrl in hill cadre and in his place Sri Gajroop Kushwaha was posted at Allahabad. The petitioner, therefore, filed an application in Civil Misc. Contempt Petition No. 2308 of 1993. on which an interim mandamus was issued on 12.5.1998 that till 22.5.1998, the petitioner may not be forced to Join at Tehri and in the meantime the petitioner may file a representation, "which shall be decided after giving opportunity of hearing by the Registrar. Co-operative Societies. That accordingly the petitioner moved the representation and also appeared personally before the Registrar on 15.6.1998. After hearing the petitioner by an order dated 6.7.1998, the petitioner was transferred from Allahabad to Hath Kargha Bastra Udyog Nideshalaya. Kanpur. The petitioner again challenged that order in Civil Misc. Writ Petition No. 43646 of 1999, in which an Interim order was passed on 11.10.1999. which is Annexure-1 to the affidavit. The following order was passed : "Meanwhile the operation of the order dated 6.7.1998 shall remain in abeyance. However, it will be open for the respondent to adjust and make arrangement for Mr. Gajroop Kushwaha regarding his posting". This order was passed by the Division Bench.;