- (1.) HEARD learned A.G.A. and Sri Vashistha Tiwari, Sri Hemant Kumar Dubey, learned counsel for the contemnor. The contemnor Sri Jagdish Chandra Srivastava, Advocate is present in Court, the proceedings of the contempt have been initiated on the basis of the reference made by Sri Piyush Verma, Additional District and Sessions Judge/FTC -1, Kushi Nagar at Padrauna through the District and Sessions Judge, Padrauna.
(2.) AFTER considering the reference, this matter was placed before Hon'ble Krishna Murari, J, the Administrative Judge of District Kushi Nagar, His Lordship has been pleased to pass the following order on 22.11.2010 : Place before the Hon'ble Chief Justice with the recommendation. In the facts criminal contempt is not liable to be initiated With the above recommendation this matter was placed before the Hon'ble Chief Justice, His Lordship passed the following order on 25.11.2010: Considering the judgment in the case of Ex.Capt.Harish Uppal Vs. Union of India, ( 2003) 2 SCC, the learned Judge may re -consider the issue.
(3.) THEREAFTER , this matter was again placed before the Hon'ble Krishna Murari, J., the Administrative Judge, His Lordship passed the following order on 9.12.2010 : - Re -considered in the light of observations of the Hon'ble Apex Court in case of Ex -Capt. Harish Uppal Vs. Union of India. Place before the Hon'ble Chief Justice with recommendation that proceedings of Criminal Contempt are liable to be initiated against the charged Advocate.;