DINESH PRASAD Vs. KAPIL DEV DIRECTOR SOCIAL WELFARE
LAWS(ALL)-2003-7-200
HIGH COURT OF ALLAHABAD
Decided on July 09,2003

DINESH PRASAD Appellant
VERSUS
KAPIL DEV, DIRECTOR, SOCIAL WELFARE Respondents

JUDGEMENT

B.K. Rathi, J. - (1.) Heard Sri Yogesh Agarwal, learned counsel for the petitioner and Sri Rajendra Rai, learned counsel for the opposite party No. 6. The petitioner was working as Assistant Teacher in primary vidyalaya, in which he was appointed on 22.4.1996 by letter Annexure-1 to the petition. The petitioner joined the service on 23.4.1996. However, the petitioner was stopped from working and, therefore, the petitioner filed Writ Petition No. 47203 of 1999, in which counter-affidavit was called and the following interim order was also passed : "Since the petitioner had been appointed on 22nd April, 1996 vide appointment letter of the same date, copy of which has been filed as Annexure-2 to the writ petition, there is no provision in law for stopping the petitioner to do work by an oral order. It is directed that the petitioner shall continue to do work, if he has been working prior to 1.7.1999."
(2.) It is alleged that the order of this Court was served on Sri B. P. Sharma, District Social Welfare Officer, Kushinagar, Padrauna on 24.11.1999, that inspite of service of the order of this Court, the same has not been complied with. Hence, the contempt petition was filed.
(3.) Notice of contempt petition was issued to opposite party, Sri B.P. Sharma, District Social Welfare Officer, Kushinagar at Padrauna. He filed counter-affidavit on 14.5.2000. In para 3, he has mentioned that when he received the order, he perused the record and relevant documents and directed the petitioner to work on the post in question by passing an order in this regard on 24.4.2000, the copy of which is Annexure C.A. 1. Later on, similar affidavit was also filed by Sri Ram Kumar, District Magistrate of Kushinagar.;


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