- (1.) Heard Sri Umesh Narain Sharma, learned Senior Advocate assisted by Sri Pramod Kumar Rai for the appellant and Sri Rahul Sripat for the respondent. This contempt appeal under section 19(1)(a) of the Contempt of Courts Act, 1971 has been filed challenging an order and judgment dated 18th August 2008 passed by a learned Single Judge of this Court in Civil Contempt Petition No. 1817 of 2008 holding the appellant guilty of civil contempt and sentencing him to seven days of civil imprisonment and penalty of Rs. 2000/-.
(2.) Marwar Inter College, Nasirabad Buxipur in Gorakhpur is a duly recognised and aided institution wherein the salary of the teachers and non teaching staff is paid by the State Government under the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (herein-after referred to as the 'Act').
(3.) On the recommendation of the appellant, the Committee of Management was superseded and an authorised controller was appointed vide order dated 25th of February, 2008 under the Act which was subjected to challenge by the respondents in Writ Petition No. 15117 of 2008. On dismissal of the writ petition by a learned Single Judge of this Court by order dated 19th March, 2008, the respondents preferred an intra Court Special Appeal No. 507 of 2008. The said appeal was allowed after heating the parties vide order and judgment dated 8.4.2008 and the said order was quashed. A further direction was issued restraining the respondents in the writ petition, including the appellant herein, not to interfere in the functioning of the respondent committee of management. Instead of complying with the said judgment, the appellant herein passed an order dated 2nd of May, 2008 ordering single operation of the accounts of the institution under the Act. This led to the filing of the aforesaid contempt petition and after hearing the parties, charges were framed against the three officials, including the appellant herein, on 15th of July, 2008. After considering the reply to the charges, the present impugned judgment was passed, sentencing the appellant and discharging the other officials.;