Jagmohan Lal Sinha, J. - (1.) THIS application has been moved by Smt. Lakhpati Devi, hereafter to be called the Applicant for contempt proceedings being taken against Sri Sarjoo Prasad Pande, hereafter to be called the opposite party.
(2.) THE facts leading to this application can briefly be stated as under: The Applicant was first appointed as an Assistant Teacher in the year 1935 in a School run by the District Board (as it was then called) Allahabad. Subsequently she was appointed as Head Mistress of a Junior High School at Mau Aema on a salary of Rs. 76/ - per month. The Zila Parishad reverted the Applicant on 20 -11 -1963 to the post of Head Mistress of a Primary School carrying a salary of Rs. 55/ - per month. The Applicant filed an appeal against the order of the Zila Parishad before the Commissioner, Allahabad Division. The appeal was allowed by the Commissioner vide his judgment dated 28 -12 -1965 and the Commissioner directed that the Applicant be reinstated in the post of Head Mistress, Junior High School with effect from the date she was relieved of that post and she be granted salary of the Head Mistress including the usual increments with effect from the same date. The Zila Parishad, Allahabad, through opposite party as its Adhyaksha filed Civil Misc. Writ Petition No. 1412 of 1965 assailing the order of the Commissioner. The writ petition was dismissed by a single Judge of this Court on 20 -4 -1967 and the contention of opposite party that the Commissioner had no jurisdiction to entertain an appeal against an order of the Zila Parishad was negatived. The Zila Parishad then filed a Special Appeal against the decision of the single Judge. In the Special Appeal the Bench Constituting B.D. Gupta and Broome, JJ. accepted the contention of the opposite party that the Commissioner had no jurisdiction to entertain the appeal of the Applicant but refused to grant any relief to the opposite party for the reason that the Zila Parishad had submitted to the jurisdiction of the Commissioner. In the opinion of the Hon'ble Judges deciding the special appeal it was not open to the Zila Parishad, after the appeal had been decided by the Commissioner against it, to turn round and challenge the validity of the Commissioner's order on the score that he had no jurisdiction. The Special Appeal was decided on 16 -4 -1969. The opposite party, however, did not implement the order of the Commissioner even thereafter. The Applicant, therefore, moved the present application before this Court inter alia stating that the opposite party, by refusing to implement the order of the Commissioner which was upheld in writ proceedings by this Court, has committed contempt of the court of Commissioner as well as of this Court. The Applicant prayed that the opposite party be, therefore, punished for committing contempt of the said two courts. The contempt application came up before a single Judge of this Court who by his order dated 24 -11 -1969 directed that the papers may be laid before The Hon'ble The Chief Justice for constituting a larger Bench for the decision of this application. It is thus that this application has come up before us.
(3.) THE application has been opposed on behalf of the opposite party.;